Government to withdraw Code of Criminal Procedure (Special Provisions) Bill

By S.S. Selvanayagam

When applications for the special determination of the Supreme Court on the Bill titled Code of Criminal Procedure Special Provisions Act came up before the Supreme Court yesterday, the Additional Solicitor General informed Court that the Justice Minister decided not to go ahead with the Bill but he was withdrawing the Bill to introduce a fresh Bill instead.

Consequently, petitioners the Centre for Policy Alternatives and Somaweera Chandrasiri as well as the intervenient petitioner M.A. Sumanthiran PC withdrew their respective petitions and the Court dismissed the petition.

The bench comprised justices Sisira J. De Abrew, Anil Gooneratne and Nalin Perera.

CPA, in its petition filed by Moahan Balendra, stated that the Bill was placed on the Order Paper of Parliament on 25 May.

It complained that certain sections of the Bill were inconsistent with the rights guaranteed under the Constitution and the law in as much as the Bill if enacted in its present form would deny those arrested of the ability to have an attorney to effectively watch and represent their interests.

It stated that certain provisions of Clause 2 of the Bill sets up a legislative framework and basis for Officers in Charge of police stations to determine the right to grant access to attorneys in a manner inconsistent with the adequate assurance to persons in custody.

It lamented the provisions of the proposed amendment would establish an institutional framework which would incentivise torture while suspects are in police custody and/or fail to take reasonable steps to prevent torture while suspects are in police custody.

TNA Parliamentarian Sumanthiran PC stated the right to access counsel from the point of arrest onwards was a central component of the right to a fair trial.

He said that in the contemporary context of police practice, the deprivation of access to counsel to a suspect in police custody would lead to an infringement of Article 11 (freedom from torture).

Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General. Viran Corea, with Pulasthi Hewamanne instructed by Moahan Balendra, appeared for CPA. Kaniska Vitharana appeared for Somaweera Chandrasiri. Niran Anketell appeared for M.A. Sumanthiran.