The Attorney General informed the Supreme Court yesterday (13) that since the Anti-Terrorism Bill has not yet been submitted to Parliament, there is no need to hear the petitions challenging the bill.
Additional Solicitor General Nerin Pulle, who appeared for the Attorney General, mentioned this when the petitions filed by a group including National People’s Power MPs Vijitha Herath and Dr. Harini Amarasuriya challenging the Bill were called.
These petitions were called before a Supreme Court Bench consisting Chief Justice Jayantha Jayasuriya, Murdu Fernando and Arjuna Obeysekera.
Additional Solicitor General Nerin Pulle, who represented the Attorney General, stated that the Acting General Secretary of the Parliament has issued a letter regarding this bill.
He said that a Bill should be submitted to Parliament under Standing Orders 51 and given a First Reading.He said that the Acting Secretary General of the Parliament had informed in that letter that the “Anti-Terrorism Bill” had not yet been submitted to the Parliament under Standing Orders 51.
According to Article 121 of the Constitution, there is no need to hear these petitions, the Additional Solicitor General said.
President’s Counsel Nigel Hatch, who appeared on behalf of the petitioner MPs, the National People’s Power, stated that the relevant Bill was included in the parliamentary agenda on October 3.
In spite of this, the President’s Counsel questioned on what basis the Acting Secretary General of the Parliament is declaring that the Bill in question has not been submitted to the Parliament.
He said that according to Article 121 of the Constitution, anyone can file petitions challenging this Bill.
After considering the facts presented, the court ordered the Additional Solicitor General to file the Acting Parliamentary Secretary General’s letter in court before October 19.
Court also ordered that steps be taken to provide copies thereof to the petitioners and the petitions called again on October 19. These petitions were filed asking for a ruling that the Clauses included in this Bill violate the provisions of the Constitution including fundamental rights.
The Clauses of the Bill indicate that there is a violation of fundamental rights, including the sovereignty of the people as mentioned in the third section of the constitution, as well as individual freedom, freedom of speech and expression.
The petitioners stated that terrorism has not been properly defined by this Bill.
Also, the petitions pointed out that there are procedures for arresting even people who express opinions against the existing government.It is also stated that this bill will give arbitrary power to the army and the police, thereby depriving the people of their freedom.
It also states that it is a big obstacle to the existence of the rule of law in the country.
Therefore, the petitioners requested the court to declare the said Bill inconsistent with the Constitution. The petition also requested that the bill be approved by a special majority of MPs and a referendum.
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