කෝ බන් ලංකාව දියුනු කරන්න ඕනම් සිංගප්පුරුවේ ගානට නීති තියෙන්නෙ ඕනා ගාපු ඩෝබියෝ? 
Colombo, Nov. 10 (Daily Mirror) - The Government is planning to introduce several amendments to the controversial Prevention of Organised Crimes Bill at the parliamentary committee stage, including the removal of a provision allowing organised crime links to be inferred from tattoos, dress and personal associations, and the removal of restrictions on media reporting of serious crimes, the Attorney General informed the Supreme Court yesterday.
Solicitor General Viraj Dayaratne, appearing for the Attorney General, made this submission when the Supreme Court commenced hearing Special Determination petitions challenging the constitutionality of the proposed legislation. The Solicitor General said the amendments would be incorporated into the Bill at the parliamentary committee stage.
Daily Mirror in three separate publications highlighted, drawing attention to provisions of the Bill that could potentially undermine individual liberty and fundamental freedoms.
The matter was taken up before a three-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Sampath Abayakoon.
Tatoo clause to be removed
Among the proposed changes is the removal of the controversial provision that permitted organised crime connections to be inferred from a person's tattoos, manner of dress and associations.
Restriction on media to be removed
The Government also intends to remove the restriction on media reporting relating to serious crimes (Clause 14(3)), which had raised concerns over its potential impact on press freedom and the public's right to information. Under this provision, publishing such material without prior permission was categorised as an offence punishable by up to two years’ imprisonment.
The relevant original clause under clause 14(3) was as follows “Any person who prints or publishes any matter in relation to any proceeding in any court with respect to a serious crime under this Act, without the previous permission of such court, commits an offence and shall on conviction after summary trial before a Magistrate, be liable to a term of imprisonment of either description for a term not exceeding two years or to a fine or to both such imprisonment and fine.”
Serious Crimes definition to be narrowed
The Solicitor General further informed Court that the definition of a 'serious crime' would be narrowed to cover offences listed in the First Schedule, punishable by more than four years' imprisonment, when committed by a member of an organised criminal group.
He emphasised that the provisions of the proposed legislation would apply only to structured groups, rather than individuals acting independently.
Detention period to be reduced to 48 hours
The Government also proposed amendments to Clause 20(1) of the Bill, which empowers police to detain a suspect for 72 hours, reducing the period to 48 hours.
Excise offence to be struck off
The Government has also decided to remove excise offences from the Schedule to the proposed Prevention of Organised Crimes Bill.
President’s Counsel Sanjeeva Jayawardena, appearing for five entities representing the excise industry, drew the Court’s attention to the constitutional concerns arising from the inclusion of excise offences in the proposed legislation.
Copyright offences to be removed from the bill
The Government is also intending to remove copyright offences from the Schedule to the bill which are available in the Intellectual Property Act. President’s Counsel Romesh De Silva, appearing for a petitioner, stressed the importance of removing offences under the Intellectual Property Act, including trademark offences, arguing that such offences do not constitute serious crimes.
Attorney General’s oral submissions
During his submissions, the Solicitor General maintained that the Bill was introduced not merely to address domestic concerns but also to give effect to the United Nations Convention Against Transnational Organised Crime and facilitate national and international cooperation in preventing, investigating and prosecuting serious offences.
He said the need for the legislation had been identified in view of difficulties faced by law enforcement agencies and the necessity of establishing a mechanism to bring offenders back to Sri Lanka in keeping with modern requirements. He added that new laws incorporating novel approaches were necessary to deal with increasingly sophisticated criminal activities.
Supreme Court concludes hearings
Meanwhile, The Supreme Court yesterday concluded the arguments put forward in support and against the proposed bill. The parties were directed to file their written submissions. Later on, the Supreme Court’s determination over the proposed Bill is to be communicated to the Speaker.
Romesh De Silva PC, Sanjeeva Jayawardena PC, M.A. Sumanthiran PC, Saliya Pieris PC, Ali Sabry PC, Eraj De Silva PC, Navin Marapana PC, Senior Counsel Suren Fernado, Hejaaz Hizbullah, Pulasthi Hewamanne, Lakshan Dias and several others appeared for the petitioners. Solicitor General Viraj Dayaratne with Sudarshana de Silva ASG, Suharshi Herath SDSG and Awanthi Perera DSG appeared for the Attorney General.
Colombo, Nov. 10 (Daily Mirror) - The Government is planning to introduce several amendments to the controversial Prevention of Organised Crimes Bill at the parliamentary committee stage, including the removal of a provision allowing organised crime links to be inferred from tattoos, dress and personal associations, and the removal of restrictions on media reporting of serious crimes, the Attorney General informed the Supreme Court yesterday.
Solicitor General Viraj Dayaratne, appearing for the Attorney General, made this submission when the Supreme Court commenced hearing Special Determination petitions challenging the constitutionality of the proposed legislation. The Solicitor General said the amendments would be incorporated into the Bill at the parliamentary committee stage.
Daily Mirror in three separate publications highlighted, drawing attention to provisions of the Bill that could potentially undermine individual liberty and fundamental freedoms.
The matter was taken up before a three-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Sampath Abayakoon.
Tatoo clause to be removed
Among the proposed changes is the removal of the controversial provision that permitted organised crime connections to be inferred from a person's tattoos, manner of dress and associations.
Restriction on media to be removed
The Government also intends to remove the restriction on media reporting relating to serious crimes (Clause 14(3)), which had raised concerns over its potential impact on press freedom and the public's right to information. Under this provision, publishing such material without prior permission was categorised as an offence punishable by up to two years’ imprisonment.
The relevant original clause under clause 14(3) was as follows “Any person who prints or publishes any matter in relation to any proceeding in any court with respect to a serious crime under this Act, without the previous permission of such court, commits an offence and shall on conviction after summary trial before a Magistrate, be liable to a term of imprisonment of either description for a term not exceeding two years or to a fine or to both such imprisonment and fine.”
Serious Crimes definition to be narrowed
The Solicitor General further informed Court that the definition of a 'serious crime' would be narrowed to cover offences listed in the First Schedule, punishable by more than four years' imprisonment, when committed by a member of an organised criminal group.
He emphasised that the provisions of the proposed legislation would apply only to structured groups, rather than individuals acting independently.
Detention period to be reduced to 48 hours
The Government also proposed amendments to Clause 20(1) of the Bill, which empowers police to detain a suspect for 72 hours, reducing the period to 48 hours.
Excise offence to be struck off
The Government has also decided to remove excise offences from the Schedule to the proposed Prevention of Organised Crimes Bill.
President’s Counsel Sanjeeva Jayawardena, appearing for five entities representing the excise industry, drew the Court’s attention to the constitutional concerns arising from the inclusion of excise offences in the proposed legislation.
Copyright offences to be removed from the bill
The Government is also intending to remove copyright offences from the Schedule to the bill which are available in the Intellectual Property Act. President’s Counsel Romesh De Silva, appearing for a petitioner, stressed the importance of removing offences under the Intellectual Property Act, including trademark offences, arguing that such offences do not constitute serious crimes.
Attorney General’s oral submissions
During his submissions, the Solicitor General maintained that the Bill was introduced not merely to address domestic concerns but also to give effect to the United Nations Convention Against Transnational Organised Crime and facilitate national and international cooperation in preventing, investigating and prosecuting serious offences.
He said the need for the legislation had been identified in view of difficulties faced by law enforcement agencies and the necessity of establishing a mechanism to bring offenders back to Sri Lanka in keeping with modern requirements. He added that new laws incorporating novel approaches were necessary to deal with increasingly sophisticated criminal activities.
Supreme Court concludes hearings
Meanwhile, The Supreme Court yesterday concluded the arguments put forward in support and against the proposed bill. The parties were directed to file their written submissions. Later on, the Supreme Court’s determination over the proposed Bill is to be communicated to the Speaker.
Romesh De Silva PC, Sanjeeva Jayawardena PC, M.A. Sumanthiran PC, Saliya Pieris PC, Ali Sabry PC, Eraj De Silva PC, Navin Marapana PC, Senior Counsel Suren Fernado, Hejaaz Hizbullah, Pulasthi Hewamanne, Lakshan Dias and several others appeared for the petitioners. Solicitor General Viraj Dayaratne with Sudarshana de Silva ASG, Suharshi Herath SDSG and Awanthi Perera DSG appeared for the Attorney General.
