SC clears PSTA but concerns remain

Saturday, 14 November 2026 00:00 - - {{hitsCtrl.values.hits}}

The Supreme Court (SC) has determined that the Protection of the State from Terrorism Bill (PSTA) can be passed by a simple majority in Parliament, subject to four amendments being incorporated at the Committee Stage. The Attorney General informed the SC that the necessary amendments will be made and much to the dismay of those who challenged it, the PSTA is likely to become law soon.

One sticking point was the definition of terrorism. The United Nations Human Rights Council was among both local and international rights groups that expressed concerns about the definition of terrorism in the PSTA. They called for the definition to be strictly limited to acts that intentionally cause death or serious injury and urged the Government to exclude mere property damage so that protests and strikes are not criminalised.

Amnesty International said that the offence of terrorism, as drafted in the Bill, remains too broad and falls below the standards required under international law.

The SC in its determination cited anti-terror laws in several countries stating the proposed law in Sri Lanka was also in line with internationally acceptable standards. The Court said that the definition of terrorism in the PSTA is aligned with anti-terrorism laws in countries such as New Zealand and Australia and the definition in the Sri Lanka Bill is not a definition that Sri Lanka has arbitrarily adopted for ulterior motives.

The SC also underscored the need for an anti-terror law for the country and cited the past experiences with terrorism to emphasise the point.

“This is not a country, where terrorist activities have never happened. There was a time where the person who leaves home for work was not sure of returning home after work. The indiscriminate bomb explosions that occurred particularly in the city of Colombo was so prevalent during that time,” the Court said.

There is some consensus that the PSTA is an improvement over the Prevention of Terrorism Act (PTA). The NPP pleaded to repeal the PTA when it comes to power and toward this end, it will have an election pledge fulfilled once the Bill gets parliament approval.

But if the replacement legislation will indeed be less draconian in nature than the PTA is an arguable point.

The SC clearance for the PSTA comes at a time when there is a far more sinister Bill in the pipeline named the Prevention of Organised Crime Bill. Along with the PSTA, this Bill too has been under scrutiny by international rights groups as well as locally. The media in particular will face many restrictions under the organised crime Bill.

President Anura Kumara Dissanayake announced last week that his Government will not proceed with the PSTA, as well as the Prevention of Organised Crimes Bill without first holding proper public and stakeholder consultations.

Now that the SC has given the go ahead for the PSTA, it is doubtful if the Government will engage with those who have concerns about the Bill.

With the budget debate in progress and Government plans to reapply for the GSP+ concessionary trade benefits from the European Union by December, passing the PSTA may be delayed but it seems almost a done deal by now.

Despite what happens, the public and activists should remain vigilant as such laws are often used to suppress the public more than for good.