Counter Terrorism bill not consistent with Constitution, SC tells P’ment

By Ashwin Hemmathagama – Our Lobby Correspondent

The Supreme Court has determined that in terms of Article 123(1) of the Constitution, Clauses 4(a), 4(b) and 68(5) of the Counter Terrorism Bill (CTB) Bill violate Article 3 of the Constitution and Clause 93(3) of the Bill violates Articles 3 and 4 of the Constitution and could only become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present) and is approved by the people at a referendum.

Speaker Karu Jayasuriya reading the determination in respect of which petitions have been filed in the Supreme Court in terms of Article 121(1) of the Constitution said: “However, the Supreme Court has stated that the above inconsistencies would cease if the Clauses are amended as per the determination of the Court. The Supreme Court has further determined that other Clauses of the Bill can be passed by simple majority of the Parliament.”

The Counter Terrorism Act of 2018 was drafted to replace the PTA, narrows the definition of terrorism, increases protections against torture and coerced confessions, and reduces pre-trial detention.