The Bar Association of Sri Lanka (BASL) has filed a Special Determination Application in the Supreme Court against the newly gazetted Protection of the State from Terrorism Bill (PSTA), saying it breaches fundamental rights.
In a statement, the BASL said the PSTA and the Prevention of Organised Crimes Bill (OCB) would give the Executive extraordinary powers while sharply reducing judicial oversight and personal liberty. It asked the Government to withdraw the PSTA in its present form and to withdraw the OCB entirely.
The association said it took part in consultative committees on the PSTA, but the gazetted Bill departed significantly from the approved draft and committee members were not told. Its application argues that the Bill violates fundamental rights under Articles 3, 4(d), 10, 11, 12, 13, 14 and 14A of the Constitution.
On the PSTA, the BASL pointed to mandatory remand that removes the magistrate’s discretion, bail restricted to the High Court, no judicial approval for extended detention, and proscription powers concentrated in the Presidency. It said these changes mirror the arbitrary use of the Prevention of Terrorism Act (PTA), and cited the prolonged detention of Attorney-at-Law Hejaaz Hizbullah.
On the OCB, the association said the Bill was drafted without public consultation and sets up an overbroad regime. It treats offences carrying more than four years’ imprisonment, along with about 50 other statutes covering matters such as copyright, forests and excise, as serious crimes tied to loosely defined organised groups. The BASL said this risks criminalising peaceful protest, trade union activity and the work of civil society.
It also said the OCB allows detention orders of up to a year to be issued directly by the Secretary to the Ministry, admits confessions made to police, and shifts the burden of proof, which undermines the presumption of innocence.
The BASL has also asked the Government to publish the missing committee reports and dissents, restore the safeguards approved by the committee, and repeal the PTA without delay.
Background
The PTA was enacted in 1979 as a temporary measure and has remained in force for decades. Successive governments have promised to repeal or replace it, and local and international rights groups have long criticised its detention provisions.
Under Article 121 of the Constitution, a Bill can be challenged in the Supreme Court soon after it is placed on the Order Paper of Parliament. The court then gives its determination on whether the Bill, or parts of it, conflict with the Constitution, and the determination is sent to the Speaker.
What it means
If passed in its gazetted form, the PSTA would change how people arrested on terrorism-related grounds are remanded, granted bail and detained. The BASL says the OCB’s wide definitions could reach ordinary civic activity, including protests and union action.
The Supreme Court’s determination will show whether any provisions need a special majority in Parliament or must be amended before the Bills proceed.
