• The decision had been made in view of observations and concerns raised by the BASL and Ministry of Justice-Criminal

By Lakmal Sooriyagoda   

The Ministry of Justice has decided to delay the presenting of the Criminal Procedure Code (Amendment) Bill to the Parliament.  

In a letter to Bar Association of Sri Lanka (BASL) President Saliya Pieris PC, Justice Minister Ali Sabry informed that the Ministry had decided to delay the presenting of the Bill to Parliament in view of observations and concerns raised by the BASL and Ministry of Justice-Criminal Law Reforms Sub Committee.  

The Justice Minister informed that both the BASL and the Ministry’s Criminal Law Reforms Sub Committee had agreed during a meeting held on October 18, that the Bill that was required to be amended, to reflect its true objective.   

Meanwhile, Minister Sabry had expressed his appreciation for the BASL committee’s spirited effort in examining the proposed law. 

 
The Minister reiterated that the BASL representatives and the Ministry’s Special Unit- Criminal Law Reforms Sub Committee should meet and prepare the necessary amendments to the Bill.   

The BASL had earlier called upon the government not to proceed with the Bill in its present form.  
In a letter to the Justice Minister, the BASL had raised concerns that the Bill would have an adverse impact on several Constitutional safeguards which were available to the people of this country and were inconsistent with several fundamental principles which had been established in the criminal procedure of the nation for more than a century.  

“These include the freedom from torture and cruel, inhuman, degrading treatment and punishment guaranteed by Article 11 of the Constitution; the freedom from arbitrary detention and the right to be produced before a Judge of the nearest competent court in terms of procedure established by law guaranteed by Article 13(2) of the Constitution; and the right to a fair trial guaranteed to every accused by Article 13(3) of the Constitution,” it is said.  
The BASL stated that the Bill would allow the High Court Judge to dispense with the physical presence of a person whose trial is pending or had begun even without his consent. The BASL observed conducting a criminal trial without the physical presence of the accused would deprive him of the opportunity to consult with and  to give adequate instructions to his Counsel. 

-The BASL had raised concerns that the Bill would have an adverse impact  on several Constitutional safeguards which were available to the people  of this country and were inconsistent with several fundamental  principles which had been established in the criminal procedure of the  nation for more than a century.