News
BASL asks govt. to stop using PTA
The Bar Association of Sri Lanka yesterday (23) demanded that the government stop using the Prevention of Terrorism Act (PTA) immediately.
The following is the text of the statement issued by the Executive Committee of the BASL: “We are deeply concerned at the use of the provisions of the Prevention of PTA to arrest and detain persons who have been involved in protests against the Government.
In a Media Release, dated 19th August 2022, the Sri Lanka Police has stated that certain suspects are being presently detained, in relation to incidents which occurred during the protests, from 9th April 2022. It is noted that since then Detention Orders for 90 days, have been issued, signed by the President in his capacity as the Minister of Defence detaining three protestors under Section 9 of the PTA.
The PTA is a draconian piece of legislation, which gives wide powers to the Executive to arrest and detain persons for a lengthy period of time. Although Detention Orders are amenable to the Fundamental Rights and Writ Jurisdictions of the apex courts, they are not subject to regular judicial supervision unlike instances of arrests and detention under the general law. Administrative detention confers the Executive with wide powers over the freedom of physical liberty of a person and lengthy detention periods without judicial supervision go against internationally accepted standards of protections of human rights.
There is also the danger that such detention may result in the detainee being subject to torture and inhuman treatment.
The provisions of the PTA have time and again been abused as evidenced by many judgments of the apex courts in Fundamental Rights and Writ Applications and as observed by several Members of Parliament on the 22nd March 2022 during the second reading debate on the Bill seeking to amend the Prevention of Terrorism
Act, as reflected in the Hansard of that date. During the said debate the present President Hon. Ranil Wickremesinghe who was a Member of Parliament has inter alia stated referring to the PTA that “in time to come, it was abused.”
The provisions of the PTA must be resorted to only in very exceptional circumstances where there is manifest evidence indicative of a terrorist dimension that would make resort to its use justifiable. The PTA was intended to address situations of terrorism and never to address offences which may have occurred during the expression of dissent against the Government such as protests for which there exist the ordinary law of the land, including the Penal Code.
In fact, in its response dated 15th December 2021 to the then Foreign Minister, Prof. G. L. Pieris MP, on a document prepared by the Foreign Ministry ‘setting out the main changes proposed in the provisions of the Prevention of Terrorism Act’ the BASL advocated amending section 2(1) of the PTA to prevent the misuse of the PTA to arrest and detain persons who are not connected to terrorist acts.
The BASL notes that the PTA is now being used despite assurances by the Government of Sri Lanka (GOSL) that it was implementing a moratorium on the use of the PTA. During the aforesaid debate in Parliament as reflected in the Hansard on the 22nd March 2022, the then Minister of Justice M.U.M. Ali Sabry MP, presently the Minister of Foreign Affairs stated in Parliament as follows: “As a result, since September 2021, there has been a de facto moratorium on the use of the PTA on offences other than those which have a direct involvement with terrorism. Therefore, these are progressive steps made in that regard.”
The BASL also notes that the use of the PTA has been seen as a matter of concern in granting to Sri Lanka an extension of the GSP+ by the European Union. The abuse of the PTA has also been raised time and again at the United Nations Human Rights Council in Geneva.
In these circumstances and in the absence of a clear definition of terrorism in the PTA, there is a grave danger of it being abused to stifle legitimate expressions of dissent and to target persons who exercise their democratic rights including the freedoms of speech and expression, peaceful assembly, and association.
The BASL therefore calls upon the President and the law enforcement authorities to refrain from using the PTA in this manner and to immediately rescind the Detention Orders issued referred to above.”
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Sun directly overhead Neriyakulam, Punewa, Kebithigollewa, Pankulam and Sinhapura at about 12.10 noon today (31)
The sun is going to be directly over the latitudes of Sri Lanka from 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (31) are Neriyakulam, Punewa, Kebithigollewa, Pankulam and Sinhapura about 12.10 noon.
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BASL takes exception to Justice Ganepola being denied a place in SC
… highlights injustice caused to Justice R. Gurusinghe
The Bar Association of Sri Lanka (BASL) has alleged that due to the failure on the part of President Anura Kumara Dissanayake to fill the existing vacancies in the Supreme Court, a Senior Justice of the Court of Appeal, Justice Dhammika Ganepola, retired at the age of 63 without being considered for, or granted, a promotion to the Supreme Court, to which he was well entitled. The BASL pointed out at the time of Ganepola’s retirement there were four vacancies in the Supreme Court.
In a letter dated 17 August, 2026, addressed to President Dissanayake, the BASL declared that the failure to promote and recognise Ganepola’s distinguished judicial service, resulting in his retirement at the age of 63, is indeed a loss to the Judiciary.
A top BASL spokesman told The Island yesterday (30) that the Bar Council, over the weekend, had decided to release the hitherto confidential letter.
The official said that they also wanted to remind the President of his assurance given to BASL, on 12 August, 2026, that vacancies in the Supreme Court and Court of Appeal would be filled as soon as possible, within a month.
The following is the text of the BASL letter, signed by Rajeev Amarasuriya, President, BASL, and its Secretary Nalin De Silva: “We write further to our letters dated 29th December 2025 and 30th June 2026 in relation to the above, to which we have not received any response.
We also refer to our meeting with Your Excellency on 12th August. As discussed during the meeting, there have been vacancies in the Supreme Court since May 2025, and the number of vacancies has now increased to four (04). There are also four (04) vacancies in the Court of Appeal. These are all matters we have already written to Your Excellency about.
Your Excellency informed the BASL Delegation when we met that you would be taking steps to make recommendations to fill these vacancies as soon as possible, within a month.
We write to reiterate the importance of giving due consideration to the criteria set out in our aforesaid letter dated 29th December 2025. We also wish to emphasise that, in making judicial appointments and promotions, seniority should be given due priority, in keeping with longstanding practice, until such time there are objective and defensible guidelines governing the assessment of merit.
The only justifiable departure to this criterion would be where there exists a specific and recognized demerit in respect of the particular Judge concerned or such other known compelling circumstances that are objectively identifiable such as where a Judge has previously been overlooked for promotion unfairly or conversely, where a Judge has been unfairly previously granted promotions above others.
This approach will safeguard both the integrity of the Judiciary and the trust reposed in it by the public.
Further, while there has been considerable discussion and representation by the Government regarding the importance of retaining experienced judges, as reminded to Your Excellency at our said meeting that, only a few months ago on 8th May 2026, a Senior Justice of the Court of Appeal, Justice Dhammika Ganepola, retired at the age of 63 without being considered for, or granted, a promotion to the Supreme Court, to which he was well entitled, and in which there were four vacancies at the time.
The failure to promote and recognise his distinguished judicial service, resulting in his retirement at the age of 63, is indeed a loss to the Judiciary.
We also drew Your Excellency’s attention at the said meeting to the fact that the Senior-most Justice of the Court of Appeal, Justice R. Gurusinghe, who joined the Judicial Service in 1996, who also Acted in the Office of President of the Court of Appeal (appointed by Your Excellency) on 11th May 2026, is due to retire at the end of this month. In fact, we learnt through the Media that Her Ladyship then Chief Justice Justice Murdu Fernando, PC, had previously in July 2025 recommended to Your Excellency the promotion of Justice R. Gurusinghe to the Supreme Court, but the same is pending from that time.
He too is well deserving of promotion to the Supreme Court and has already been recommended by the former Chief Justice, and his case must also receive due and urgent consideration before his impending retirement.
We hope that Your Excellency will take due note of and give due regard to the concerns of the Bar, as well as to the established principles, practices and conventions governing judicial appointments, when taking steps to fill these vacancies.
On this, Your Excellency is already open to the accusation that these vacancies have been kept open, to fill with favourites of the Government which is yet another serious indictment on the independence of the judiciary which accusation would be confirmed if recommendations are made outside established practice.
Moreover, the BASL expresses grave concern that withholding promotions of Judicial Officers for extended periods of time places undue pressure on Judicial Officers in the discharge of their duties and constitutes both directly and indirectly, interference with the independence of the Judiciary, in addition to the strain obviously caused to the dispensation of justice in other Courts and the stifling and delay of career progression of Judges legitimately entitled to promotions.
We do hope that Your Excellency would take due note and cognizance of the foregoing when effecting these judicial promotions which have been long overdue and which have already adversely impacted the efficiency and effectiveness of the administration of justice.”
The BASL has copied the letter to Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne, Opposition Leader Sajith Premadasa and all members of the Constitutional Council.
News
Sajith challenges govt. to hold PC polls
Opposition Leader Sajith Premadasa on Saturday (29) challenged the government to hold the long-delayed Provincial Council elections, saying the polls would provide an opportunity to gauge the level of public support enjoyed by the administration.
Addressing a farmers’ meeting in Tissamaharama, Hambantota, Premadasa also criticised the latest Rs. 17 per kilogram increase in wheat flour prices, warning that it would push up the prices of bread, bakery products and other flour-based food items and place further pressure on households already struggling with the rising cost of living.
He said Sri Lanka ranked 120th among 130 countries in an international comparison of minimum wages, arguing that wages remained inadequate to meet the escalating cost of living.
Premadasa also questioned official assessments of living standards, asking whether a person could survive for an entire month on Rs. 17,315, a figure he attributed to the Department of Census and Statistics.
He claimed that between 30 and 40 percent of the population was living in poverty and called for a clear programme to help affected families improve their economic conditions.
Turning to the proposed 22nd Amendment to the Constitution, which seeks to increase the retirement age of superior court judges, the Opposition Leader accused the government of attempting to undermine judicial independence and interfere with democratic institutions.
He also criticised the government’s handling of poverty, employment, agriculture, healthcare and investment, saying more effective measures were needed to provide relief to people facing economic hardships.Premadasa called for stronger policies to attract foreign direct investment and urged the government to formulate a national strategy for developing the tourism industry.
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