By The Pulseline News Desk
The proposed Protection of the State from Terrorism Act (PSTA) Bill can be passed in Parliament with a simple majority, provided amendments recommended by the Supreme Court are incorporated at the Committee Stage.
Speaker of Parliament Jagath Wickramaratne announced the Supreme Court’s determination in Parliament on Thursday (12), following constitutional challenges filed against the proposed legislation under Article 121(1) of the Constitution.
According to the determination, the Bill would not require a two-thirds majority or a referendum if the four specified amendments are incorporated before its passage.
The Court has proposed changes to four provisions, three of which, the Speaker noted, had already been undertaken by the Additional Solicitor General.
One of the key amendments concerns Clause 26(2), which deals with the further detention of suspects in police custody.
The Supreme Court has recommended revising the provision to require an application by the police officer conducting the investigation before a Magistrate can authorise the further detention of a suspect in police custody for a period not exceeding 24 hours.
The Court has also proposed amending Clause 59(5)(b), replacing the reference to the Court of Appeal with the Supreme Court to ensure effective judicial oversight.
In addition, the Court has recommended removing Clause 60(7) altogether, describing the provision as superfluous.
The fourth amendment relates to Clause 66(1), which must be rewarded to ensure that executive orders, directives or directions issued under the proposed Act can be challenged through proceedings under Articles 126, 140 or 141 of the Constitution.
These provisions relate to the Supreme Court’s jurisdiction over fundamental rights applications and the appellate and writ jurisdiction exercised by the higher courts.
The Speaker also directed that the full text of the Supreme Court’s determination be incorporated into the Official Report of Parliament’s proceedings.
The determination comes amid wider scrutiny of the Government’s proposed replacement for the Prevention of Terrorism Act (PTA), which has faced criticism from human rights organisations and other stakeholders over concerns relating to detention powers, judicial oversight and safeguards against the misuse of anti-terrorism provisions.
The proposed legislation is intended to establish a new legal framework to address terrorism-related offences. Its eventual passage will depend on the incorporation of the constitutional amendments identified by the Supreme Court.
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