Monday Mar 16, 2026
Monday Mar 16, 2026
Monday, 16 March 2026 03:13 - - {{hitsCtrl.values.hits}}
Fourteen Muslim national level community organisations in a joint letter to President Anura Kumara Dissanayake have said the proposed ‘Protection of the State from Terrorism’ (PSTA) draft law is more draconian than the existing Prevention of Terrorism (Temporary Provisions) Act (PTA), which the NPP in its election manifesto pledged to abolish altogether without referring to a replacement.
The letter to the President, dated 28 February 2026, with copy to Justice and National Integration Minister Harsha Nanayakkara states “In a country struggling to recover from economic bankruptcy, climate disasters, corruption as well as ethno-religious tensions and working towards encouraging self-sufficiency, foreign investments, tourism, exports and national unity, the proposed anti-terror law will give Sri Lanka a frightening image of the country globally and ought to be abandoned in the national interest.”
The NSC led organisations have appreciated the need for laws securing national security of the country, but has pointed out that a large number of new laws with wide powers to the security sector have already been enacted sufficient to deal with terrorism. In addition, the Public Security Ordinance has conferred immense powers on the President and the forces to deal with any emergency.
The civil society organisations have also urged the government not to subjugate the national interest of Sri Lanka to those of any foreign power or deep state entities.
In the joint letter, the organisations have set out nine provisions in the PSTA as some of the reasons why the replacement draft is more draconian than the PTA.
The following are some of the reasons:
No more legitimate protests under PSTA against foreign Goverments or international organisations
PSTA seeks to protect not only the government of Sri Lanka but also “any other government or an international organisation” preventing the people of Sri Lanka for example, (a) demonstrating to compel foreign governments such as China, the US, or India from continuing environmental pollution adversely causing climate change to the detriment of Sri Lanka or (b) protesting against arbitrary tariffs imposed by powerful countries to the detriment of Sri Lanka adversely affecting the cost of living of Sri Lankans. Such acts by Sri Lankans would constitute “acts of terrorism”, as proposed in the PSTA, which are anti-democratic and not found even in the draconian PTA.
Period of remand or detention under PSTA doubled instead of being reduced
The Court of Appeal has held in a number of cases under the PTA that even one year in remand or detention without trial amounts to punishment contrary to the exception in Article 13(4) of the Constitution. But instead of reducing the period of state custody for a maximum of three months, the PSTA has extended the minimum period of state custody from 01 year in the PTA (amendment no. 12 of 2022) to a minimum of 02 years under the new draft, which is a two-year period for the judiciary to grant bail, can also be deprived of by a Detention Order from the executive official, the Secretary of Defence.
Mass media brought back under the terrorist net once again
The Print media, the electronic media, the internet, visuals and writings anywhere including private letters and social media, have been brought under the terrorist net supervision described in the PSTA as “terrorist publication”, with a possible jail term for violations, of a maximum of 15 years and/or fine of Rs. 15 million! The PTA too had a provision prohibiting publication of terrorist related investigations or news with a maximum jail sentence of five years but this was abolished by PTA amendment 12 of 2022. PSTA is more draconian than the PTA, this being one of several instances in the PSTA of a platform for assault on the freedom of expression of the people.
Executive sits over the judiciary; Defence Secretary's detention orders of suspects cannot be overruled by Magistrates or High Court judges
Instead of totally scrapping the power vested in the “executive” namely the Secretary of Defence (earlier exercised by the President) and the Superintendents of Police to detain suspects in State Custody and instead of vesting the power in Magistrates in the “judiciary”, ‘Detention Orders’ can be issued under the PSTA by a Ministry Secretary depriving the liberty of subjects without hearing the suspects, unlike before Magistrates and High Court Judges who hear all sides in open Court to consider bail or remand.
Detention orders by Secretary Defence until conclusion of trial
The Section 58 of the draft law enables the executive via Secretary Defence to detain a suspect from the date of arrest till conclusion of trial, making a mockery of the presumption of innocence until convicted and depriving the suspect of a fair trial.
Investigating Police empowered to retake PSTA suspect remanded under judicial custody back to Police custody without prison supervision
The Section 58(2) of the draft law enables the Secretary Defence to remove a suspect upon issuing a DO from remand custody and keep the suspect in police custody without prison officials, placing the suspects in threatening circumstances even while the trial is ongoing, depriving the accused of a fair trial, provisions unheard of in the history of criminal trials, This provision will alarm the suspects from complaining of torture while in custody.
Civil Society Organisations, trade unions, political parties and religious organisations can be banned by President without any due process
PSTA empowers the President to proscribe (ban) any organisation, without any judicial intervention; due process; inquiry or at least a show cause notice on the organisation where the President has reasonable grounds to believe that any organisation is engaged in any act amounting to an offence under this Act” (depends on the President’s belief only, without any due process or a conviction by a Court of law) “or is acting in an unlawful manner prejudicial to the national security of Sri Lanka or any other country.” The PSTA gives exceptionally very broad powers for civil society to be threatened with being banned without being heard. This is a draconian power being given to the President who in his manifesto promised to scrap the Presidency altogether. This provision is a grave threat not only to the freedom of association of the civil society associations but also to trade unions, political parties and religious organisations.
Normalising emergency powers under an Act of Parliament
Curfew orders (sec. 64), Restriction Orders (64), Empowering the Armed Forces through PSTA (24) etc. are exercised by the President presently only in the extraordinary circumstances of a State of Emergency being duly declared. PSTA will empower the government to exercise emergency powers at the drop of a hat and will normalise the exercise of extraordinary powers as ‘normal powers’ adversely threatening peoples’ freedom, in the name of protecting them and paving the way for Sri Lanka becoming a Police State.
PSTA has not defined terrorism but has categorised a large number of acts, open to multiple and inaccurate interpretations, as constituting “terrorist acts”. The PTA had only 10 acts in section 2, and more clearly and restrictively set out than in the PSTA. The proposed new law has an ever widening list of offences, naming them all as “terrorist acts”. We see the PSTA more draconian than even the widely condemned PTA.
We urge the Justice Ministry and the government to forthwith repeal the PTA and abandon the PSTA in the national interest as the recently enhanced laws are more than adequate.
1. National Shoora Council
2. RPSL Consortium
3. All Ceylon Union of Muslim League Youth Fronts (ACUMLYF)
4. All University Muslim Students’ Association (AUMSA)
5. Conference of Sri Lankan Malays (COSLAM)
6. Sri Lanka Jama’athe Islami (SLJI)
7. Khatheebs and Muazzins Association of Sri Lanka (KMA)
8. Salamah Society
9. Al Muslimaath
10. Center for Islamic Studies (CIS)
11. Sri Lanka Muslim Media Forum (SLMMF)
12. Ahadiyya Federation
13. All Ceylon Thowheed Jamath (ACTJ)
14. Association of Muslim Youth of Sailan (AMYS)
