Thursday Oct 22, 2026
Thursday Oct 22, 2026
Thursday, 22 October 2026 00:05 - - {{hitsCtrl.values.hits}}
The Bar Association of Sri Lanka (BASL) yesterday called on the Government to withdraw the Protection of the State from Terrorism Bill (PSTA) in its present form and the Prevention of Organised Crimes Bill (OCB). It warned that the two Bills would confer extraordinary powers of arrest, detention and surveillance on the Executive and curtail judicial oversight.
Both Bills have been placed on the Order Paper of Parliament. The BASL said that individually and collectively they would weaken judicial oversight at the very stages when protecting individual liberty is most critical. It said they would also create criminal liability with far-reaching implications for freedom of association, expression and movement.
The BASL has filed a Special Determination Application before the Supreme Court under Article 121 of the Constitution, asking the Court to rule on whether provisions of the PSTA are consistent with the Constitution. It argues that the provisions adversely affect fundamental rights and are inconsistent with Article 4(d), read with Article 3, and with Articles 10, 11, 12, 13, 14 and 14A. These cover the freedoms of thought, speech, assembly, association and movement; protection against torture; equality before the law; safeguards against arbitrary arrest and detention; and the right of access to information. It also contends that the restrictions fail to satisfy the permissible limitations on fundamental rights under Article 15.
The association noted that the Court’s jurisdiction is confined to whether a Bill is inconsistent with the Constitution, not whether it is wise, necessary or fair as a matter of policy. That decision, it said, remains with the Government.
The BASL said it had participated in good faith in the consultative process to prepare the PSTA, which is intended to replace the Prevention of Terrorism Act (PTA). It nominated Saliya Pieris PC and Chanaka de Silva PC to the Committee appointed to review the PTA. However, it said the gazetted Bill departs significantly from the draft the Committee approved. According to the BASL’s nominees, these changes were neither referred back to the Committee nor brought to the attention of its Chairman or members before publication.
The BASL said each of the principal departures reduces judicial control at the point of arrest and detention, or enlarges executive power:
It added that one of its nominees had dissented during consultations on the definition of terrorism, administrative detention and the proscription of organisations. Neither the Committee’s report nor the dissent has been made public.
The BASL said it wrote to Minister of Justice and National Integration Harshana Nanayakkara on 8 October, 2026, setting out its concerns and requesting that the departures be rectified, including through amendments at the Committee Stage, when Parliament amends a Bill clause by clause. It said it had received no response from the Ministry to date.
On the OCB, the BASL said that while it recognises the need to address organised crime, there was no public consultation on the Bill and the BASL itself was neither consulted nor informed of its drafting. The composition of the body that prepared it has not been made public. The OCB is stated to give effect to the United Nations Convention against Transnational Organised Crime.
The BASL said the Bill classifies as “serious crimes” all offences punishable by four or more years’ imprisonment, along with about 50 offences in its First Schedule. These include copyright and trademark infringement, excise and forest offences, and gambling licensing offences. The Bill’s extraordinary powers apply where such an offence is committed by a member of an “organised criminal group”, defined as a structured group of three or more persons acting in concert for a financial or other material benefit. The group need not have formal roles, continuity of membership or a developed structure.
Under the Bill, a suspect may be held on a Detention Order issued by the Secretary to the Ministry in charge of the Police. A Magistrate is bound to give effect to the order, for up to two months at a time and up to one year in all, with bail available only from the High Court. The BASL said no court decides whether detention is necessary before the order is issued, and that the OCB in effect bypasses the judicial process.
To illustrate the Bill’s breadth, the BASL cited an amateur band of five performing popular songs in a restaurant without the permission of the songwriter or label owner. On a literal reading, it said, the band would be a structured group acting for financial benefit committing a listed copyright offence. Its members could be detained for up to a year and their instruments seized and forfeited.
The association also objected to provisions allowing courts to determine membership of an organised criminal group by considering factors such as style of dress, hand signs, language, tattoos, association with known members, attendance at physical or virtual meetings and visits to particular premises. It said the risk falls most heavily on youth and marginalised communities. The Bill could also encompass peaceful protests, trade union activity and civil society groups. This is because its First Schedule includes Penal Code offences such as obstructing a public servant, which may arise in the policing of protests.
The BASL said the Bill sets aside rules that make confessions to police inadmissible, allowing statements signed by an accused in police custody to be proved against them. It also requires company directors to prove on a balance of probabilities that an offence by the company was committed without their knowledge or that they exercised due diligence. Persons sentenced under the Bill would be ineligible for any early release scheme. These provisions, it said, erode the presumption of innocence.
The BASL said both Bills must be read against Sri Lanka’s experience with the PTA. The Act was introduced in 1979 as a temporary measure and has remained in force for more than four decades. The BASL said successive governments have applied it arbitrarily to detain people without trial and to silence political opponents, activists, journalists, students and members of the public.
It cited the case of Attorney-at-Law Hejaaz Hizbullah, who was arrested on 14 April, 2020 and held under the PTA for 22 months (662 days) before being released on bail in February 2022. He was held for about 18 months before being indicted, exceeding the PTA’s own 18-month maximum for detention orders. In ordering his release, the Court of Appeal observed that the law’s ‘draconian elements’ had been misused.
“A law that can be used reasonably can also be misused, and given Sri Lanka’s experience, the BASL cannot discount the likelihood that the same abuses will be repeated under new names. A democracy that equips its police and executive with such powers risks drifting towards a police state,” the BASL said.
The association called on the Government to:
1.Withdraw the PSTA in its present form and restore the safeguards in the Committee-approved draft, including through Committee Stage amendments if the Bill proceeds.
2.Publish the Committee’s report and the recorded dissent, and explain on what basis, and on whose instructions, the gazetted Bill departed from the approved draft.
3.Withdraw the OCB and subject any replacement to full public consultation, including with the BASL, confining its scope to organised crime in line with the UN Convention and keeping arrest, remand, detention and surveillance powers under effective judicial authorisation.
4.Repeal the PTA without delay.
The BASL said it will continue to advance its position before the Government, Parliament and the Supreme Court, and reserves its rights in respect of the OCB, including under Article 121.
The statement was signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva.
