Sri Lanka Supreme Court Hears Challenges to Anti-Terror Bill

The Supreme Court of Sri Lanka began hearing approximately 25 petitions on October 20 challenging the constitutionality of the proposed Protection of the State from Terrorism Bill. Introduced to Parliament by Justice Minister Harshana Nanayakkara on October 6, the legislation is intended to replace the Prevention of Terrorism Act (PTA).

A three-judge bench led by Chief Justice Preethi Padman Surasena is reviewing arguments that the bill curtails civil liberties and suppresses dissent more severely than the PTA. Petitioners, including the Free Media Movement and politician Udaya Gammanpila, argue that the bill's vague definitions of terrorism and terrorist publications could criminalize non-criminal acts and investigative journalism. They contend that certain provisions should require a referendum and a two-thirds parliamentary majority to be enacted.

Legal representatives for the petitioners raised concerns over expanded arrest and search powers granted to the armed forces, the Coast Guard, and any police officer. They also criticized the requirement for Attorney General consent before a magistrate can discharge a suspect, arguing this limits judicial independence. Additional Solicitor General Nerin Pulle, representing the government, stated that the bill is not intended to restrict freedom of expression.

International bodies, including Human Rights Watch and the UN Office of the High Commissioner for Human Rights, have warned that the bill expands problematic powers and may jeopardize Sri Lanka's GSP+ trade concessions with the European Union.