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2 Controversial Bills unlikely to be debated as scheduled: House Leader
Two controversial Bills, namely the Theravada Bhikku Kathikawath (TBK) (Registration) Bill and the Code of Criminal Procedure (CoCP) (Amendment) Bill, scheduled for debate in Parliament in the coming week, are likely to be postponed.
The TBK (Registration) Bill has been included in the business of Parliament for Tuesday, while the CoCP (Amendment) Bill has been scheduled for debate on Wednesday.
However, Leader of the House, Minister Lakshman Kiriellla said both Bills are unlikely to be taken up for debate, as there are reservations about the contents of these Bills and hence, they warrant further discussion before being put to the House for approval.
Both the Bar Association of Sri Lanka (BASL) and the Human Rights Commission of Sri Lanka (HRCSL) have expressed concerns regarding the contents of the CoCP (Amendment) Bill published in the gazette of August 12.
HRCSL Chairperson, Dr Deepika Udagama wrote to Prime Minister Ranil Wickremesinghe last week saying, the proposed amendment to the CoCP would “deprive suspects arrested and detained by the Police of access to Attorneys-at-Law, prior to recording their statement, and will adversely impact on the Constitutionally guaranteed rights of persons including the citizens of Sri Lanka.”
The BASL too, wrote to President Maithripala Sirisena, drawing his attention to the fact that, the proposed amendments contravene Sri Lanka’s obligation in terms of International HR law, especially the provisions of the International Covenant on Civil & Political Rights (ICCPR).
“The Protection of Victims of Crime and Witnesses Act No. 4 of 2015, grants an aggrieved party a right of representation at the police station from the inception. However, a suspect’s right to be represented will be limited by the proposed Bill, resulting in unequal treatment,” the letter said.
Meanwhile, the TBK (Registration) Bill which was presented to the House in December last year, has run into controversy from its inception. The Bill was challenged in the Supreme Court (SC), on the grounds that it restricts the rights and freedoms of Bhikkus of the Theravada tradition, in the exercise of their freedom of religion and their freedom of association”, and denies them of their fundamental rights.
The SC determined that several clauses of the Bill are inconsistent with the Constitution, and can only be enacted with a special majority of the House, as well as the approval of the people at a referendum.