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Anti-Terrorism Bill: Magistrates to the frontlines

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In comparison to the provisions in the Anti-Terrorism Bill to confer on Magistrates the discretionary power to place terrorist suspects in custody, the provision for judicial review in the amendment to the PTA passed last year appears to be a much more practicable alternative because it is the Supreme Court and the Appeal Court that has been accorded the power to review detention orders. Judges of the higher judiciary live in the Capital, in much more secure environments than the local Magistrates and it is easier to provide extra security to members of the higher judiciary and to insulate them from any threats coming from terrorists.

by C. A. Chandraprema

The government has gazetted an Anti-Terrorism Bill to repeal and replace the Prevention of Terrorism Act (PTA) of 1979, and it is to be presented to Parliament in the coming several weeks.  This is an altered version of the 2018 Counter Terrorism Bill of the yahapalana government. The government should give serious thought to the implications of some of the changes proposed in this Bill. During the most important operational period of the existing Prevention of Terrorism Act, issuing detention orders on terrorist suspects was the preserve of the Executive branch. It was only in 2022 that judicial review of detention orders issued under the PTA was allowed. However, under the provisions of the proposed Anti-terrorism Bill, the judiciary becomes an integral part of the counter-terrorism mechanism in the country.

Under Section 28 of the Bill, a suspect under arrest has to be produced before the nearest Magistrate within 48 hours. If by that time, a Detention Order has been issued, the Magistrate is obliged to make an order to give effect to that Detention Order. (Detention orders are issued by a Deputy Inspector General of Police and may initially be issued for a period not exceeding three months.) If a Detention Order has not been issued, the Magistrate has the discretion to decide whether the suspect is to be remanded or granted bail. If a detention order is to be extended beyond three months, the Magistrate is once again given the discretion to decide either way. If he decides not to extend the detention order, he will have to consider whether there are grounds to continue to hold the suspect in remand. If he decides there are no such grounds, the suspect can be released on bail.

By vesting Magistrates with such powers over terrorism suspects, the Anti-Terrorism Bill seeks to place the local Magistrates right at the forefront of the fight against terrorism. ‘Judicial supervision’ sounds nice, but is it feasible?  We have experienced outbreaks of terrorism in the form of the attempts at seizing state power in 1971 and 1987-89, the protracted campaign of separatist terrorism in the North and East between 1970-2009, and in the run-up to the 2019 Easter Sunday bombings by a Kattankudy-based terrorist group.

We have to consider the situation that would inevitably have arisen at that time if the local Magistrates had been vested with the exclusive power to remand/detain or release terrorist suspects. Terrorists have no interest in an independent judiciary. Their only aim is to force everyone to toe their line. We have all heard of the way the Kattankudy terrorists summoned even the powerful politicians of the area and imposed various conditions on them. In such circumstances, one cannot prevent Magistrates who hold complete authority over remanding/detaining or granting bail to terrorist suspects from becoming prime targets of the terrorists.

In 1987-89, the JVP killed the Grama Niladharis at every opportunity that presented itself on the accusation that the latter were representatives of the government. One can well imagine the situation that would have arisen at the time if it had been the local Magistrate who was vested with the sole discretion to either remand/detain or release the JVP suspects. Nobody seems to have given much thought to such practical issues. Members of the executive branch such as military and police units barricade themselves behind walls of sandbags and checkpoints when they operate in terrorist-infested areas. But the Magistrates cannot do that. They have to hear cases in open court and to go about in the community attending to various duties.

Vulnerable civilian officials such as Magistrates are hardly in a position to play a frontline role in combating terrorism. Someone may argue that Magistrates routinely remand even murder suspects, drug dealers and other dangerous criminals, therefore adding terrorists to the list will not be a problem. However, dangerous criminals are more often than not, presented before a magistrate for non-bailable offences and the Magistrate has little discretion, if any, in deciding whether to remand/detain the suspect, and criminals know this. In such circumstances, remanding a suspect does not turn the Magistrate into a target.

If, however, the Magistrates are vested with exclusive discretionary power to decide on either remanding/detaining or granting bail to all criminal suspects brought before them, then the criminals too will begin to zero in on the local Magistrates. Like the Magistrates, the police also live in the community they serve, but unlike the Magistrate, all policemen are armed, and work with armed colleagues.

They live in barracks or secured compounds and given the spirit de corps within the service, an attack on one member will bring down on the criminals the wrath of the entire service, and therefore the police are not a soft target for organized criminal gangs or terrorists to take on. Under the 1979 PTA, the power to detain terrorism suspects was vested in members of the Executive who carried arms and could resist force. One has to seriously consider how practical it would be to vest that power in an exposed, vulnerable civilian judicial official.

In comparison to the provisions in the Anti-Terrorism Bill to confer on Magistrates the discretionary power to place terrorist suspects in custody, the provision for judicial review in the amendment to the PTA passed last year appears to be a much more practicable alternative because it is the Supreme Court and the Appeal Court that has been accorded the power to review detention orders. Judges of the higher judiciary live in the Capital, in much more secure environments than the local Magistrates and it is easier to provide extra security to members of the higher judiciary and to insulate them from any threats coming from terrorists.

Fast-tracked release for terrorism suspects

Under Section 71 of the anti-Terrorism Bill, the Attorney General may suspend and defer the institution of criminal proceedings against a suspect for a period not exceeding twenty years if death or grievous hurt has not been caused to any person; or the security of the State and the people of Sri Lanka has not been seriously compromised or affected by the conduct of that suspect. In return, the suspect is expected to fulfill one or more of a set of conditions including the expression of remorse for his deeds, provision of reparations to victims, participation in a rehabilitation programme, public undertaking not to commit crimes in the future, engaging in community service, etc. Under Section 77, at any time before the judgment is given by the High Court, if the charges in the indictment do not relate to causing death or grievous bodily injury to any person; or endangering the security of the State and the people of Sri Lanka; or causing serious harm to property, the Attorney General may, withdraw the indictment against the accused on the basis of the same conditions mentioned above.

These provisions give rise to two questions. Firstly, if death or grievous hurt has not been caused to any person, and the security of the State and the people of Sri Lanka has not been seriously compromised or affected, and property has not been damaged, why should a given suspect be indicted before the High Court, at all? Secondly, even to file charges against a suspect, there has to be sufficient evidence to show that the person concerned has caused death or grievous hurt to some person or that he has endangered the security of the state or caused damage to property.

The difficulties encountered in gathering enough evidence to secure a conviction under the normal law of the land with regard to terrorism related offences is well known. Very often there are no witnesses, or laboratory evidence that can link a suspect to a particular terrorist attack is not available. Even if weapons and explosives are found on the suspect, charges can be filed only for the possession of the same and very often investigators are left with a lot of unproven allegations.

The reason why even the most dangerous LTTE terrorists held under the PTA were released from time to time was because in many cases sufficient evidence could not be found to secure a conviction or even to file charges. Thus, in most cases, terrorism suspects will become eligible for release without prosecution under Sections 71 and 77 of the Anti-Terrorism Bill. Under the provisions of the proposed new legislation, terrorism suspects can be detained only for one year. After filing charges, the period given to conclude cases against a terrorism suspect is also one year. If the case is not concluded within this period, the suspect has to be granted bail except in exceptional circumstances where the High Court can order that he be kept in remand for a further period not exceeding three months at a time.

In circumstances, where there is an ongoing terrorist issue in the country, provisions such as these will become a serious problem. Today, we are able to release even the most dangerous LTTE cadres because the LTTE was eliminated many years ago and these terrorists no longer have a terrorist movement to return to. But had the LTTE still been active in Sri Lanka, releasing even long-term PTA detainees would not have been feasible.

When it comes to terrorists, only the very naïve will believe any talk of expressing remorse and undertaking to refrain from committing offences in the future. Dissimulation is the very stock in trade of the terrorist. Given what we have experienced over the past several decades, the last thing that anybody in this country should be doing is to give out the signal that terrorists will be given special privileges not available to ordinary criminals. However, that is exactly what the proposed Anti-Terrorism Bill does by creating special pathways to enable terrorism suspects to obtain early release without prosecution.



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Opinion

Nonalignment, neutrality, morality and the national nnterest

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IRIS Dena (R) and torpedo attack on it.

The terms ‘nonalignment’ and ‘neutrality’ are being touted in local and global news due to Sri Lanka’s denial to Iran to dock three of its naval vessels in national harbors for an unplanned ‘goodwill visit’ between 9 and 13 March, and refusal to the United States to land two of its fighters at the civilian airport in Mattala between 4 and 8 March. Intriguingly, both requests were received on the same day, 26 February 2026, just 48 hours prior to the onset of hostilities.

Though Sri Lanka denied permission for the so-called ‘goodwill visit’ its Navy and Airforce rescued over 30 Iranian crew members and recovered over 80 bodies when their ship, the IRIS Dena was sunk by the US Navy and allowed another Iranian ship, the IRIS Bushehr to dock in Trincomalee as it claimed technical difficulties. This was done only after taking the ship under Sri Lankan control, by separating its sailors from the ship and bringing it to Colombo, thereby ensuring it no longer had any offensive military intent.

The Sri Lankan President in a press conference in Colombo on 5 March noted on the Iranian issue, “our position has been to safeguard our neutrality while demonstrating our humanitarian values.” As he further noted, “amidst all this, as a government, we have intervened in a manner that safeguards the reputation and dignity of our country, protects human lives and demonstrates our commitment to international conventions.” Explaining what he meant by neutrality, he noted, “we do not act in a biased manner towards any state, nor do we submit to any state … we firmly believe that this is the most courageous and humanitarian course of action that a state can take.” On the US issue, the President observed in Parliament on 20 March, “they wanted to bring two ​warplanes armed with eight anti-ship missiles from a base in Djibouti” and “we turned down the request to ⁠maintain Sri Lanka’s neutrality.”

In both incidents, in addition to reiterating Sri Lanka’s neutrality, the other point that has been emphasis+ed is Sri Lanka’s long-standing official position of ‘non-alignment.’ As the President noted in his parliamentary speech, “with two requests before us, the decision was clear… we denied both in order to avoid taking sides.” Suddenly, the concepts of neutrality and non-alignment are in the forefront of Sri Lanka’s political discourse after a considerable time, but it has emerged more in a rhetorical sense than at a considered policy position at the level of government thinking and popular acceptance.

I say this because two crucial concepts are missing in these conversations and pronouncements. These are ‘morality’ and ‘national interest’ even though they are irrevocably linked to the previous concepts which would be meaningless if adequate heed is not paid to the latter two. Let me be clear. I agree with Sri Lanka’s position with regard to both incidents and the diplomatic and statesman-like way both were handled. It brought to the fore something on which I have written about in the past. That is, the necessity and the reasonable possibility of smaller states to take clear positions when dealing with powerful countries. Sri Lanka has done so this time.

However, both neutrality and nonalignment cannot be taken out of context merely as terms. They must be situated in a broader historical and political context which can only be done if morality and national interest are not only brought into the equation, but also into policy and the public consciousness. Non-alignment as an international relations concept found its genesis at the time of the Cold War on the basis of which nations, which mostly consisted of former European colonies or what were known collectively at the time as the ‘Third World’, decided not to join major power blocs of the time, i.e. the US and the Soviet Union as well as former imperial centers.

At least, this was the official position and, in this sense, indicated a desire to follow an independent path stressing national sovereignty and national interest, rather than neutrality in the conventional sense. But in practice, even in the heyday of the Nonaligned Movement’s influence in the 1970s, many of its members were very clearly aligned to one or the other of the superpowers based on matters of political necessity and simple survival. The formal dictionary meaning of neutrality is, “not taking sides in a dispute, conflict, or contest, often implying a position of impartiality, independence, or non-participation.” These are the two rhetorical positions Sri Lanka took with regard to both incidents referred to above.

But both decisions should have been more specifically taken, and the local and global discourses emanating from them cautiously guided, based on principles of morality and national interest. These do not contradict nonalignment and neutrality in their general sense. Sri Lanka’s decision to not approve docking or landing rights to both warring countries in this context is correct. But where is morality? It is partly embedded in the President’s stated interest in ensuring no further lives were lost.

What is missing in this moral position however is the clearly articulated fact that the war against Iran by the US and Israel are illegal, immoral and contradicts all applicable international laws and conventions. Sri Lanka’s statements and what is publicly available on the President’s and the Foreign Minister’s reported conversations with Gulf leaders are inconsequential and bland. Despite Iran’s bleak track record when it comes to democracy and human rights within, the country has stood by Sri Lanka during the civil war years supplying weapons when very few states did, and also when Sri Lanka was named and shamed in the circus of the UN’s Human Rights Council for almost two decades. Taking a position regarding the illegality of the war against Iran does not mean Sri Lanka cannot be neutral or non-aligned. It could have still taken the same decision it has already taken. But it would have been able to do so from a moral high ground.

The other reason often given for harping on neutrality and non-alignment is the fear of being reprimanded by the mad men and women currently holding power in the US. But the Republican Party or President Trump are not the Caesars of the Roman Empire. Trump’s term ends in January 2029. The Republican Party is already feeling the negative consequences of the war at home. Given the chaos Trump has brought in, which has added to the cost of living of US citizens, the needless expenditure the war has burdened the US taxpayers with, and the US’s continued marginalisation in the international order, it is very unlikely any of the present practices (note: not policies) will be carried forward in the same nonsensical sense. This is precisely the time to take the moral high ground. If we do, and continue to do so, it will become apparent that we as a nation act upon principles and laws. Such continuity will earn the country respect in the global arena even though not necessarily make us popular. This is a crucial asset small nations must have when dealing with global powers. But this must be earned through consistent practice and not be the result of accidents.

This is also where national interest comes in as a matter of policy. Sri Lanka needs to reiterate not only for the present but also for the future that its decisions are based on national interest. This could include permitting the US or any other country to land or dock in a future conflict if it benefits us in terms of local defense. But such a decision should not be a decision forced upon us. This is not old-school nonalignment or neutrality. Instead, it is about taking a position – not a particular side – in the interest of safeguarding the national interest as a matter of principle and taking the moral high ground in international relations which will ensure both nonalignment and neutrality in a pragmatic and beneficial sense in the long term.

Our leaders and our people need to learn how to be pro-Sri Lankan both in domestic and global matters as a national operational principle.

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Opinion

Question of integrity and corporate liability in Transnational Higher Education in Sri Lanka

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According to a paper commissioned by Anthony Welch for the 2021/2022 UNESCO Global Education Monitoring Report on “Non-state actors in Education Across Asia”, the rise of Transnational HE was underpinned by tensions between growth in demand, and, on the other hand, the inability or unwillingness of many governments to finance this expansion sufficiently (UNESCO & Welch, 2021). Globally, almost 70 million, or one in three of all students, are now enrolled in private HEIs (UNESCO & Welch, 2021). This pattern is similar and highly diverse in Asia where more than 35% of students are in the private sector.

However, enhance transparency in governance in Transnational education is of paramount importance as there is a corporate liability disregarded at a greater extent by the private HE mushrooming in this country. As Transnational Higher Education attracts many students, the responsibility of the relevant authorities should strengthen the integrity of governance of this sector and increase accountability.

On the other hand, corruption perception index in the 2025 (CPI) released by Transparency International, Sri Lanka, showed significant improvement, rising 14 places to rank 107th out of 182 countries, up from 121st in 2024. Despite such a movement ahead, accountability lies among the Private HEIs engaged in Transnational HE to prevent any risk leading to corruption.

Having considered the aforementioned scenario following cases, encountered in the recent past and I wonder what “higher education” do they offer.

Risk of corruption

An applicant, being a sole proprietor, has signed an agreement with another agent of private HEI in Nachchaduwa, Anuradhapura (Registered office), where operating office being the, Rathmalkatuwa, Inamaluwa, Kandalama, Dambulla, without looking at the agreements entered with the Foreign University by the respective agents. Sub agents are not aware on what conditions the principal foreign university has imposed, whether the respective university is authorised to offer such programmes in overseas. Have they been accredited in their countries by the accreditation authorities, despite their listing in the World Higher Education Database and Association of Commonwealth Universities. Whether these private HEIs are blacklisted organisations need to be checked with National Information Centres of the respective countries. All agents operating Transnational HE should be accountable and responsible as they are serving the poor students of this country who ultimately face consequences when they go on searching for employment opportunities. They are facing many issues with respective Qualification Frameworks operating in those countries.

Fake Credentials and Fabricating Documents

There are massive complaints regarding the issuance of fake certificates and forgery in Higher Education forwarded by many parties. Some organisations themselves print certificates without obtaining original certificates from the principal foreign university. Poor students do not know this situation of the higher education provider.

Call for State organisations to be aware of Transnational HE

There are many state organisations without proper verifications on credentials engage in recruitment of their employees just based on the listing of world higher education database and Association of Commonwealth Universities without further checking on the existence of such programmes in the respective countries with their accreditation authorities.

Recently while World Higher Education Database and UKEnic has clarified on the nonexistence of a respective university, there are instances where institutions that were accredited in the past but were not accredited now. The respective Universities in certain instances were listed and not currently listed due to non-acceptance by the accreditation authorities. Therefore, organisations need to be cautious about the accreditation of such universities in the respective countries as Sri Lanka is haunted by a massive network of agents and subagents of foreign HEIs operated as designated centres, appointed agents.

There are many ways to do Transnational education. There is distance education done with a local partner. There are several forms of arrangement in transnational education such as franchising arrangements, partnerships with local providers, either at the programme level or (occasionally) at the level of creating a whole new institution, branch campuses. However, there is a necessity of some kind of regulation as there is an escalation of fraud.

Overall regulations governing the operations of Transnational HE in Sri Lanka as a country aim to reach Sustainable Development Goals (SDG 4) was deemed as transparent and not fully understood by stakeholders, there are no local mechanisms to affirm and benchmark the quality of Transnational Education programmes to that of the local HE standards. There is a sense of flexibility in forging Transnational Education partnerships though the absence of regulations, which may over time negatively impact public perceptions of Transnational Education’s quality

Despite these circumstances there are countries that maintain their Agent network through proper training and licensing system to facilitate their regulation.

Transparency of Agents engaged in Transnational HE

A parent has made a complaint against a leading HEI for misleading through an unauthorised three-year degree programme (two-year top-up) and causing irreparable career damage and mental distress, wasting money and time. When she forwarded the matter to the Chief Executive, New Zealand Qualification Authority (NZQA) for entry into the teaching profession, she was informed that the HEI concerned was not permitted to engage in such programmes overseas. The question is how the MOU was signed and how programmes were offered in Sri Lanka.

Where is the corporate liability and integrity in these activities?

by Dr. Janadari Wijesinghe

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Opinion

Tassil passes away

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Tassil Samarasinghe passed away on Monday, March 16, 2026. Fondly known as ‘Kunjan’ to his family and close friends, Tassil hadn’t been in the best of health over the past few years. He experienced difficulty maintaining his balance, and, therefore, walking, which probably caused the fall at home, and resulting in an head injury, which took his life.

Tassil was my school friend. We were members of the 16th Colombo Cub pack and scout troop at S. Thomas’ College, Mt. Lavinia, in the 1950s and ’60s. I remember how he played Ali Baba’s mother in the scout concert, produced and directed by our scout master, the late Mr. Wilson I. Muttiah.

We were also next-door neighbours in Mt. Lavinia. During school holidays, in the early morning, Tassil and I would go on long walks, along the beach, sometimes helping the fishermen to draw in their nets. Tassil was a good conversationalist and highly opinionated, even as a teenager.

In those days a fellow beachcomber was former Prime Minister Sir John Kotelawala. We used to put our feet on his fresh footprints in the sand, and declare that we were walking in his footsteps!

The rest of the day we would play cards (304) with his mother and some of the boarders staying at their home. Then my family moved away to Colombo, but I was always a welcome guest at the Samarasinghe residence.

One of Tassil’s many hobbies, in addition to collecting stamps and playing bridge, was breeding ornamental fish in large ground tanks. I, too, was bitten by the aquarium fish bug. He was also a lover of good music, like his older brother Nihal – known to Thomian cubs and scouts of that era as ‘Local’ – who rose to fame as ‘Sam the Man’, the acclaimed Sri Lankan western musician, singer and band-leader.

In school, Tassil was popular with our GCE O-Level English teacher Mr. A.S.P. (Shirley) Goonetilleke.

After leaving school, Tassil and I were members of the Rotary Club together, where we would occasionally meet. Tassil married Shirani and they had two children, Tilani and Viswanath. Unfortunately, Viswanath lost his life in a bicycle accident several years ago.

I extend my deepest sympathies to Shirani, Tilani and family.

“You will always remember

Wherever you maybe,

The School of your boyhood,

The School by the Sea.

And you’ll always remember

The friendships fine and free,

That you made at S. Thomas’

The School by the Sea.”

(Rev Canon Roy H. Bowyer-Yin)

Farewell, dear friend. May you attain the supreme bliss of Nibbana.

‘GAF’

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