The Bar Association of Sri Lanka (BASL) has issued a formal statement raising concerns over the newly gazetted Protection of the State from Terrorism Bill (PSTA) and the Prevention of Organised Crimes Bill (OCB), warning that both legislative measures would confer extraordinary powers upon the Executive while significantly curtailing judicial oversight and individual liberty.
The BASL noted that despite participating in consultative committees for the PSTA, the final gazetted bill departed significantly from the approved draft without notifying review members. Consequently, the BASL has filed a Special Determination Application in the Supreme Court under Article 121 of the Constitution, arguing that the PSTA violates fundamental rights guaranteed under Articles 3, 4(d), 10, 11, 12, 13, 14 and 14A.
Regarding the Protection of the State from Terrorism Bill, the BASL highlighted alarming provisions such as mandatory remand that strips magistrates of discretion, restrictions confining bail solely to the High Court, the removal of judicial approval for extended detention and the concentration of proscription powers within the Presidency. The association stressed that these changes mirror the arbitrary applications of the decades-old Prevention of Terrorism Act (PTA), citing past abuses like the prolonged detention of Attorney-at-Law Hejaaz Hizbullah.
Similarly, the BASL raised profound objections to the Prevention of Organised Crimes Bill, noting it was drafted without public consultation and introduces an overbroad regulatory regime. By classifying offences carrying over four years of imprisonment alongside roughly fifty miscellaneous statutes like copyright, forest and excise offences as serious crimes linked to loosely defined organized groups, the OCB risks criminalizing peaceful protests, trade union activities, and civil society operations. Furthermore, the Bill permits detention orders issued directly by the Ministry Secretary for up to a year, undermines the presumption of innocence by admitting police confessions, and shifts burdens of proof.
In light of these sweeping concerns, the BASL has formally called upon the government to withdraw the PSTA in its present form and restore committee-approved safeguards, publish the missing committee reports and dissents, withdraw the OCB entirely to allow for meaningful public consultation, and repeal the long-standing PTA without delay. (Newswire)