The Deputy Speaker of Parliament announced to Parliament that the Speaker has received the Determination of the Supreme Court in respect of the Bill titled “Anti-Terrorism” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.
Accordingly, the determination of the Supreme Court as to the Constitutionality of the Bill concludes as follows :
Clause 3, Clause 42, Clause 53, and Clause 70 of the Bill are inconsistent with Article 12(1) of the Constitution and require a Special Majority to be passed by Parliament. However, the Supreme Court has stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.
Clause 4 has to be suitably amended as per the Supreme Court Determination. • Clause 72 (1) is unconstitutional and needs to be passed by a Special Majority and a Referendum. The unconstitutionality will cease if this Clause is amended as per the Determination of the Supreme Court.
Correspondingly, Clause 72(2) must be amended in accordance with the Determination.
Clause 75 (3) infringe the Article 4 (c) read with Article 3 of the Constitution and required 2/3rd Majority and a Referendum. The invalidity will cease 7 upon the amendments suggested in the Determination.
Clause 83 (7) requires a Special Majority to be passed into law. It has to be suitably amended as per the Supreme Court Determination.
Further, the Supreme Court has determined that subject to the amendments that have adumbrated to the provisions of the Bill by the Supreme Court, the Bill could be enacted into law with a Simple Majority only if the amendments determined by the Supreme Court are introduced to the provisions.
