• Provisions of the proposed amendment are inconsistent with Articles of the Constitution  

By. Lakmal Sooriyagoda   

Former Commissioner of the Human Rights Commission of Sri Lanka (HRCSL) Ambika Satkunanathan has filed a Special Determination petition in Supreme Court challenging the constitutionality of the amendment to the “Poisons, Opium and Dangerous Drugs (Amendment) Act.   

The petitioner stated that provisions of the proposed amendment are inconsistent with Articles of the Constitution prohibiting torture, unequal treatment and arbitrary arrest and detention.   

The petitioner points out that the proposed amendment denies bail to persons suspected or accused of committing offences under certain sections of the Act until the conclusion of the trial, which is incompatible with fundamental rights protections in the Constitution.   

The former HRCSL Commissioner maintained that children who are convicted of committing offences under this bill are also liable for imprisonment for up to ten years according to the proposed amendment. The petitioner is of the view that such provisions are contrary to the best interests of the child and will result in the criminalisation of children instead of providing them the required assistance.   

The petitioner further alleged that the proposed amendment allows police officers to document and subsequently destroy drugs, prior to the conclusion of the trial, which could adversely impact a person’s right to fair trial.     

convicted of committing offences under this bill are also liable for imprisonment for up to ten years according to the proposed amendment. The petitioner is of the view that such provisions are contrary to the best interests of the child and will result in the criminalisation of children instead of providing them the required assistance.