Samagi Jana Balawegaya (SJB) Parliamentarian Ajith P. Perera has filed a Special Determination petition before the Supreme Court challenging the Constitutionality of the Bill titled “Protection of the State from Terrorism” which was placed on the Order Paper of Parliament on October 6.
The petition filed by Ajith P. Perera primarily challenges the Constitutional validity of several provisions of the Bill. These include restrictions on Magistrates’ powers to grant bail, which vest such powers in the High Court rather than the Magistrates’ Courts; the Secretary’s authority to refer individuals to rehabilitation programmes without requiring them to be charged with or convicted of an offence; and the broad scope of Restriction Orders, which may prohibit associations with persons or entities reasonably suspected of committing an offence under the Bill.
The petitioner is seeking a declaration that Clauses 26, 27, 28, 29, 60(3)(c), 60(7) and 68(2) of the Bill are inconsistent with Article 3 read together with Article 4 of the Constitution and therefore must be enacted into law in accordance with the procedure set out in Article 83 of the Constitution, which include approval by the People at a Referendum.