A senior religious scholar attached to the All Ceylon Jamiyyathul Ulama (ACJU) has called on lawmakers to exercise “wisdom, restraint and justice” in finalising the proposed Protection of the State from Terrorism Act, 2026, warning that laws enacted in the name of security must not erode civil liberties, religious freedom, or public trust.

Sheikh Arkam Nooramith, a respected ACJU religious scholar and community guide, has issued a detailed public observation on the draft legislation, acknowledging the State’s duty to protect citizens from terrorism while stressing that national security and human rights must advance together.

“Terrorism in all its forms is a grave evil. It violates the sanctity of human life and destabilises societies,”

Nooramith said. “The State has not only the right, but the duty, to protect its people from such threats. At the same time, history—both ours and that of other nations—teaches us that laws enacted in the name of security must be crafted with wisdom, restraint, and justice.”

Concerns over broad definitions

In his observations, Nooramith cautioned that several provisions in the draft law rely on broad and ambiguous definitions, particularly those dealing with “encouragement,” “reckless dissemination,” “espousing the cause,” and acts “associated with terrorism.”

“Laws of this nature must be precise and narrowly tailored,” he noted. “A society governed by law requires that citizens clearly understand what is prohibited and why. Ambiguity can lead to inconsistent or excessive enforcement, which ultimately harms social harmony.”

As a religious scholar, Nooramith expressed particular concern over how legitimate religious discourse could be misunderstood or misapplied under expansive legal interpretations.

“Sri Lanka is a deeply religious society. Sermons, lectures, historical discussions and moral teachings are central to the spiritual lives of its people,” he said. “Even with protections for good-faith expression, there remains a real risk that speech or religious discourse may be misinterpreted when taken out of context—especially in an era of digital circulation.”

He warned that such risks are not theoretical. “They are rooted in lived experience,” he said, adding that a mature democracy must ensure that security laws do not unintentionally silence ethical, intellectual, or religious expression carried out in good faith.

The ACJU scholar also drew attention to provisions allowing the proscription of organisations, describing them as powers with “serious consequences” for association, expression, and livelihoods.

“Such authority must be exercised with strong judicial safeguards, transparent criteria and periodic independent review,” Nooramith said. “Laws gain legitimacy not merely from their intent, but from the fairness of their procedures.”

On detention, he observed that although the draft introduces more judicial oversight than previous legislation, executive-initiated detention supported by confidential material still raises concerns.

“From the perspective of justice, liberty should be restricted only under the closest judicial supervision, with a meaningful opportunity for the affected person to respond,” he emphasised.

Rejecting the notion that rights undermine security, Nooramith argued that human rights are essential to long-term national stability.

“Human rights are not obstacles to security; they are its foundation,” he said. “Societies that protect dignity, due process and fairness cultivate trust between citizens and the State. Societies that rely excessively on fear and coercion weaken that trust—sometimes irreparably.”

While welcoming the inclusion of the Human Rights Commission of Sri Lanka in oversight mechanisms, he called for its role to be further strengthened to ensure genuine independence and effectiveness.

At the same time, Nooramith acknowledged that the draft law represents a significant departure from the Prevention of Terrorism Act (PTA) of 1979, which he said caused “deep pain, fear and long-lasting grievances” across communities.

Among the positive changes he highlighted were the preamble’s commitment to constitutional rights and international human rights standards, increased judicial involvement, limits on prolonged detention, mandatory notification to next of kin and the Human Rights Commission, and explicit recognition that peaceful protest, dissent and advocacy do not constitute terrorism.

“These provisions reflect an understanding that security cannot be sustained through unchecked power,” he said. “They deserve recognition.”

Concluding his observations, Sheikh Arkam Nooramith urged lawmakers and citizens alike to learn from Sri Lanka’s past.

“Our history has taught us painful lessons about laws that, though enacted for security, became sources of fear and division,” he said. “True national security is not achieved by power alone, but by justice, trust and moral credibility. A law that protects the State must also protect the dignity of its people—all its people.”

His intervention comes amid growing public debate on the proposed legislation, as civil society groups, legal experts and religious leaders call for a balanced approach that safeguards both national security and democratic freedoms.

By Ifham Nizam ✍️