Supreme Court concludes hearings on Organized Crimes Bill as government signals key amendments

Glocal
By Editor_1

COLOMBO – The Supreme Court on Monday (9) concluded hearings on 26 petitions challenging the constitutionality of the government’s proposed Prevention of Organized Crimes Bill, after the Attorney General informed the Court that several key provisions are to be amended during the Committee Stage in Parliament.

The Court, which commenced hearings on the petitions on November 4, took it up again on Monday to hear the Attorney General’s position on the proposed amendments

Appearing on behalf of the Attorney General, Solicitor General President’s Counsel Viraj Dayaratne said the proposed amendments included reducing the period an arrested person could be detained without being produced before a Magistrate from 72 hours to 48 hours. Also removed would be offences under the Excise Ordinance and provisions relating to tattoos and body markings, and copyright-related offences related to intellectual property issues.

Responding to questions raised by Chief Justice Preethi Padman Surasena on Clause 14 and its potential impact on media freedom, Dayaratne said the provision requiring court permission to disclose information relating to cases involving serious crimes would be removed. He explained that the clause had originally been intended to protect the identities of victims.

The Solicitor General also outlined proposed safeguards relating to detention orders under the Bill, elaborating that applications for such orders would have to be made by police officers not below the rank of Superintendent or Assistant Superintendent of Police.

He said the Minister of Public Security would be empowered to issue detention orders for periods ranging from two months to one year, subject to specified requirements and that any extension beyond the initial two-month period would require reasons to be provided, while an application seeking Supreme Court approval would have to be submitted through the Attorney General.

Copies of detention orders would also have to be provided to persons in custody, who would be entitled to apply to the Supreme Court for bail after one year of detention, he added.

Dayaratne said the proposed amendments would ensure that arrest, detention, the issuance of detention orders and bail applications were subject to judicial supervision.

He also submitted a document outlining the proposed amendments to the Court, explaining that the government had considered proposals made by the petitioners and consulted the relevant ministries before agreeing to the changes.

Meanwhile, President’s Counsel Saliya Pieris, appearing for the Bar Association of Sri Lanka (BASL), highlighted the complexity of organized crime and the need for effective legislation, modern investigative techniques and technological capabilities to address such offences.

Citing organized criminal networks involved in murder as an example, he said those who plan such crimes may be different from those who supply weapons or carry out the killings, making investigations particularly complex.

Following the submissions, the three-judge bench concluded the hearing and directed that written submissions on the proposed amendments be filed by 4.00 p.m. on Tuesday (10).

The Court said its determination would subsequently be communicated to the Speaker of Parliament and the President.

The Solicitor General also informed the Court that, with the proposed amendments, the Bill could be enacted without requiring a special majority in Parliament or approval at a referendum.

-ENCL

Editor_1
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