The Supreme Court allowed to withdraw a Special Determination petition today which was filed challenging the bill titled “Code of Criminal Procedure (Special Provisions) (Ammended)" following government's decision to refrain from proceeding with the said bill in the Parliament.
Former Parliamentarian Somaweera Chandrasiri filed this petition seeking a declaration that this bill shall become law only through a two-third majority in Parliament and by the approval following a referendum.
Additional Solicitor General Yasantha Godagoda PC appearing on behalf of the Attorney General informed Supreme Court that the Justice Minister is expecting to withdraw the said bill and to introduce a new one.
Accordingly, three-judge-bench head by Justice Sisira de Abrew allowed to withdraw the petition.
The petitioner through his counsel Kanishka Vitharana stated that a bill titled “Code of Criminal Procedure (Special Provisions) (Ammended)" was presented to the Parliament and placed on Order Paper of the Parliament on May 25.
The petitioner stated that clause 3 of the said bill, is in violation of and inconsistent with Article 3, 4 (a), 12(1), 12(2), 13, 14 (1)(g) of the constitution.
The petitioner said clause 3 introduces new section 6A to the principal act by which deprives, denies and violates the rights of a person in police custody to have access to a lawyer or assistance of a legal representative.
This special determination petition was filed through Senior Counsel Kanishka Vitharana.
Additional Solicitor General Yasantha Godagoda PC appeared for the Attorney General.
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