The Supreme Court today (04) commenced hearing 26 petitions filed challenging the Prevention of Organized Crimes Bill presented to Parliament by the Government.
The petitions are being heard before a three-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Sampath Abeykoon.
Appearing for petitioner Malinda Seneviratne, President’s Counsel Romesh de Silva argued that the Bill's definition of “serious offences” was excessively broad, encompassing offences under laws relating to intellectual property, trademarks, excise and wildlife.
He further raised concerns over provisions empowering the Secretary to the Ministry of Defence to issue detention orders at the request of the Inspector General of Police (IGP) or a Deputy Inspector General of Police, allowing suspects to be detained for periods ranging from two months to one year.
Appearing on behalf of the Bar Association of Sri Lanka (BASL), President’s Counsel Saliya Peiris argued that the proposed legislation grants the police powers exceeding judicial authority and creates opportunities for their misuse.
He also warned that provisions restricting the publication of information relating to serious criminal cases could hinder media coverage of court proceedings.
Peiris further submitted that the Bill undermines fundamental rights guaranteed by the Constitution and should therefore be approved by a referendum.
Meanwhile, President’s Counsel Eraj de Silva argued that the proposed legislation allows the Executive to restrict individual liberty without judicial intervention and was not adequately formulated in accordance with United Nations conventions.
Counsel Suren Fernando, appearing for another petitioner, raised concerns over provisions relating to participation in organized criminal activities, the detention of suspects for up to 72 hours in police custody and restrictions on bail.
He argued that certain provisions leave Magistrates with limited discretion in making decisions on remand and bail, effectively undermining judicial oversight.
A total of twenty-six petitions have been filed before the Supreme Court challenging the Prevention of Organised Crimes Bill, recently presented to Parliament by the government.
The hearing of the petitions is continuing further.
