6. Amendment of section 11 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 11 of the principal enactment is hereby amended as follows:-

(1)

by the insertion immediately after subsection (1)

thereof, of the following subsections:-

“(1A) The person to whom an Order made under subsection (1) relates, shall be produced before a

Judicial Medical Officer for medical examination before serving such Order to such person and a report be submitted by the Judicial Medical Officer in respect of such person.

(1B)

An Order made under subsection (1) shall be served on the person to whom the Order relates, by the Magistrate in whose judicial division such person resides and the report of the Judicial

Medical Officer referred to in subsection (1A) shall be produced before the Magistrate to ensure that such person has not been subjected to torture before serving such Order on such person.

(1C)

Where the report issued by the Judicial

Medical Officer under subsection (1A) reveals that such person has been subjected to torture, the

Magistrate shall–

(a)

make an appropriate order to provide necessary medical treatment to such person; and

(b)

where, at the time of serving on such person, an order made under subsection (1), an order of detention in respect of such person is also in force, make an order to change the place of detention of such person.

(1D)

The Magistrate shall also direct the

Inspector General of Police to commence an investigation into the alleged torture in order to enable the Attorney-General to institute criminal proceedings against the person who is alleged to have committed the torture.”.

Prevention of Terrorism (Temporary Provisions)

(2)

in the proviso to subsection (3) thereof, by the substitution for the words “eighteen months.” of the words “twelve months.”;

(3)

by the repeal of subsection (5) thereof and the substitution therefor of the following subsection:-

“(5) An Order made by the Minister under subsection (1) shall be final and shall not be called in question in any proceedings or in any court of law, save and except in proceedings under Article 126, 140 or 141 of the Constitution.”.

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