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PTA provisions with any name despicable: Sumanthiran in the House

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Sumanthiran90

Tamil National Alliance Parliamentarian Sumanthiran has cautioned that any law that replaces the Prevention of Terrorism Act with its draconian provisions is despicable. As of information available, the new Counter-terrorism law which will replace the Prevention of Terrorism Act (PTA) has retained draconian and objectionable provisions in the PTA.

He was addressing the House participating in the debate on the Code of Criminal Procedure (Amendment) Bill and Law Commission (Amendment) Bill.

He went on that if the PTA was going to come back with another name, that would have repercussions on the government when the legislation comes out. Serious concerns have been raised in this regard.

He said: “ I am aware that the Law Commission was asked by the government to make a draft. The draft was made available to the government and that draft has been put in the dustbin. Another draft has been made with persons who are mostly from the security establishment. From information available, it seems to suggest that the new one will be worse than the existing one.

The minister is aware of the background to the present provision where there is circular issued by the IGP with the Supreme Court approval that from the time of arrest, a suspect is entitled to the services of an Attorney-at-Law. Some people, particularly, the Police, think that the Attorney-at-Law will interfere in the course of investigation and in the course of the suspect’s first statement is recorded. Having access to a lawyer who can advise a suspect of his rights is different to an Attorney-at-Law having the right to interfere or meddle while the Police question the suspect or record his statement.

You advise the suspect who has been arrested, but stay well away when his statement is recorded. This can be clarified in the legislation rather than take away that right and relegate it to a time beyond the recording of the statement of the suspect. We know it is during the recording of a statement that abuses and violations take place. Everyone here knows how the Police extract statements and it is to guard against it that this present practice was brought in. The victims of crimes do have rights and that must be protected, but the suspects also have rights to have access to legal counsel from the time of arrest. It is a necessary right that must be guaranteed."

http://www.omlanka.net/legislature/6390-pta-provisions-with-any-name-despicable-sumanthiran-in-the-house.html

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