Anti-Terrorism Act would be guided by highest court: Lankan Justice Minister

Colombo: Sri Lanka’s Justice Minister Wijeyadasa Rajapakshe said on Sunday that the government would follow the Supreme Court’s observations on the proposed new Anti-Terrorism Act (ATA), amid objection from the Opposition and the civil society groups.

He said the decision to delay the tabling of the bill in parliament was based on requests made by various organizations for more consultation. “So that they would have more time to go to the Supreme Court if they wished to do so,” Rajapakshe said.

The new Anti-Terrorism Act (ATA) will replace the much-maligned Prevention of Terrorism Act (PTA) of 1979, which was enforced to counter the then Tamil separatist militancy.

On April 1, Prime Minister Dinesh Gunawardena told reporters that the new counter-terrorism law will be introduced later this month. However, the justice minister later said the bill would be delayed to either late April or early May. Rajapakshe said that under the new bill the defence minister’s powers of PTA, which allowed indefinite and arbitrary detention, had been diluted. “It will be the police who will be ordering detention and anyone arrested must be produced before court in 24 hours,” he told reporters.

Rajapakshe said if the new counter terrorism act was going against the fundamental and human rights of individuals, the Supreme Court would rule as such.

Under the Sri Lankan parliamentary practice, any new bill could be challenged in the highest court to judge on its constitutionality within 14 days of its presentation in parliament.

The Supreme Court would rule if it required a simple or absolute majority in the 225-member assembly and if it would need a national referendum for its adoption to become law.

On March 17, the new Anti-Terrorism Act (ATA) of 97 pages was published in the government gazette.