The Samagi Jana Balawegaya (SJB) has taken legal action by filing a special determination petition in the Supreme Court, challenging the constitutionality of the proposed Anti-Terrorism Bill. SJB General Secretary Ranjith Madduma Bandara alleges that the bill, if enacted, would establish a separate legal regime concerning similar conduct compared to existing penal statutes.
In the petition, Bandara seeks a declaration that the Anti-Terrorism Bill requires approval not only from a 2/3 majority in Parliament but also through a Referendum by the people. Despite being published in the gazette notification on September 15, 2023, the bill was only tabled in Parliament on January 10, 2024.
The SJB General Secretary contends that the Anti-Terrorism Bill places significant restrictions on citizens' Fundamental Rights under the pretext of 'national security' and 'emergency,' even in the absence of a declared emergency. This, according to the petitioner, constitutes a violation of Article 4 and Article 12(1) of the Constitution. Additionally, he argues that various provisions of the bill grant the executive judicial powers, contradicting Article 4 of the Constitution.
Furthermore, the petitioner asserts that the bill has a detrimental impact on the right to a fair trial (Article 13(3)) and the presumption of innocence (Article 13(5)) guaranteed by the Constitution.
One specific concern raised by the petitioner involves Clause 47 of the bill, which grants additional powers to Police Officers beyond those provided by the Police Ordinance and the Code of Criminal Procedure. Bandara expresses apprehension that these extended powers may be susceptible to abuse during the performance of their duties.
As the legal challenge unfolds, the SJB emphasizes the need for a comprehensive examination of the Anti-Terrorism Bill's potential implications and its compatibility with constitutional principles.
