The Supreme Court today concluded arguments put forward in support and against the Human Rights Organization Bill which was presented to Parliament by SJB Parliamentarian Tissa Attanayake, as a Private Member Bill.
Accordingly, all parties relating to the Special Determination petition were directed to submit their written submissions before August 16.
Later on, the Supreme Court’s determination over the proposed bill is to be communicated to the President and the Speaker.
Three persons including two lawyers had filed a Special Determination petition in the Supreme Court challenging the constitutionality of the Human Rights Organization Bill.
State Counsel Kanishka de Silva Balapatabendi appearing for the Attorney General told Supreme Court that several clauses in the bill would violate the constitution.
Supreme Court three-judge-bench comprised Chief Justice Jayantha Jayasuriya, Justice Mahinda Samayawardena and Justice Janak de Silva. The petitioners Wasantha Bandara, the Media Secretary of the Federation of National Organizations, Attorney-at-law Raja Dharmasirie Goonerathne and Attorney-at-law Nuwan Chamara Indunil filed this petition naming the Attorney General as respondent.
The petitioners are seeking a declaration that the bill requires the approval of people at a referendum and requires a two-thirds majority in Parliament.
The bill titled ‘the Human Rights Organization (Incorporation) Act, No. of 2021’ has been placed on the Order Paper of Parliament on 3rd of August, 2021.
The Petitioners state that by the said Bill presented to Parliament as a Private Member Bill, it is contemplated to incorporate an organization (Human Rights Organization) already formed and in operation in No. 10, Mosque Lane, Galle Road, Colombo. The Petitioners state that the said Bill is silent as to whether such an organization has been registered in terms of the law.
The Petitioners state that in terms of Clause 4 of the said Bill, the management of the said organization is in terms of the provisions of the proposed Bill and the Rules formulated by the said Organization. The Petitioners state that such Rules of the Organization are not required to be approved by Parliament.
The Petitioners state that by Clause 7(b) of the said Bill, the said private organization sought to be incorporated is conferred with statutory power to enter into police stations to purported solve disputes where an injustice has taken place.
The Petitioners further state that in the totality of the aforesaid circumstances, Clauses 2, 3, 4, 5, 6, 7, 8, 9 and 14 of the Bill and the provisions of the Bill in their entirety are in violation of Articles 3, 4, 12, 14, 78, 61C, 111C , 111L and 155F of the Constitution.
They further stated that the bill would lead to erosion of Rule of Law and Independence of the Judiciary.
They further alleged It amounts to an alienation of executive power of People and is therefore is in violation of Articles 3 and 4 of the Constitution.
The petitioners further said the Bill confers wide and arbitrary powers on a private organization and is thereby is in violation of Article 12(1) and Article 3 of the Constitution.
