State imposes sweeping emergency powers

The Government on Saturday issued an Extraordinary Gazette declaring a State of Public Emergency across the country.

In an Extraordinary Gazette published on 28 November under the Public Security Ordinance (Chapter 40), President Anura Kumara Dissanayake formalised a comprehensive set of emergency regulations titled Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2025. 

These regulations grant the authorities sweeping powers aimed at safeguarding national security, public order, and ensuring the delivery of essential services amid ongoing weather disaster conditions. 

Under the new framework, the President may appoint by name or by office individuals or officials as “competent authorities” to carry out various emergency functions, either for the entire country or for specified areas. This delegation can also be extended to Ministers or other authorised persons as needed. 

A core feature of the regulations is the power to requisition private sector property, vehicles, and even personal services. If buildings or premises are required for relief work, for example, sheltering displaced persons or staging disaster-response operations, senior officers from the Tri Forces—Army, Navy, or Air Force—are authorised to take possession. 

Residents or occupants can be evicted and access restricted to unauthorised persons. The law provides for forfeiture if premises are used in aid of prohibited acts or crimes under the emergency framework. Similarly, the authorities can requisition private vehicles if deemed necessary in the interest of national security, public order, or to maintain supplies and services essential to community life. 

The regulations also enable mobilisation of human resources. The President can declare certain services “essential services,” in which case individuals employed in those sectors may be required to work outside regular hours, even on holidays, and refusal without lawful excuse may result in termination of employment and criminal penalties. 

To oversee and coordinate these operations, the regulations allow for appointment of a “Commissioner-General of Essential Services” with authority to delegate duties to deputies or assistants. This office is responsible for executing and coordinating all activities related to the maintenance of essential services across the country or in designated parts. 

Complementing that, a “Commissioner of Civil Security” may be appointed to oversee civil security matters, supported by Deputy Commissioners and other competent authorities. Local level governance is also factored in and for each Divisional Secretary’s Division, an advisory committee composed of public servants and community-recognised persons must be formed to advise authorities on preserving public order and ensuring continuity of essential supplies and services. 

Further, the regulations give broad powers of search, seizure, arrest, and detention without warrant for persons suspected of involvement in various offences under specified sections of the penal code, particularly offences related to violence, damage to property, or threats to public order. Armed forces personnel alongside Police are empowered to carry out such operations. 

Legal protections are extended to actions taken in “good faith” under these emergency regulations; no civil or criminal proceedings may be instituted against persons for acts done in good faith under this framework, except with prior special authorisation. 

As the Government moves quickly to restore stability and provide essential services amid the severe weather-linked disasters and other risks the country currently faces, political analysts said the practical implementation of these powers will be the crucible for legitimacy, public trust, and accountability.