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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

The shadow of a Truman moment in the Iran war

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Wars often produce moments when leaders feel compelled to seek a decisive stroke that will end the conflict once and for all. History shows that such moments can generate choices that would have seemed unthinkable only months earlier. When Harry S. Truman authorised the atomic bombings of Hiroshima and Nagasaki in 1945, the decision emerged from precisely such wartime pressures. As the conflict involving the United States, Israel and Iran intensifies today, the world must ensure that a similar moment of desperate calculation does not arise again.

The lesson of that moment in history is not that such weapons can end wars, but that once the logic of escalation begins to dominate wartime decision-making, even the most unthinkable options can enter the realm of strategic calculation. The mere possibility that such debates could arise is reason enough for policymakers everywhere to approach the present conflict with extreme caution.

As the war drags on, both Donald Trump and Benjamin Netanyahu will face mounting pressure to produce decisive results. Wars rarely remain confined to their original scope once expectations of rapid victory begin to fade. Political leaders must demonstrate progress, military planners search for breakthroughs, and public narratives increasingly revolve around the need for a conclusive outcome. In this environment, media speculation about “exit strategies” or “off-ramps” for Washington can unintentionally increase pressure on decision-makers. Even well-intentioned commentary can shape the climate in which leaders make decisions, potentially nudging them toward harder, more dramatic actions.

Neither the United States nor Israel lacks the technological capability associated with advanced nuclear arsenals. The nuclear arsenals of advanced powers today are far more sophisticated than the devices used in 1945. While their existence is intended primarily as deterrence, prolonged wars have historically forced strategic communities to examine every available option. Even the discussion of such possibilities is deeply unsettling, yet ignoring the pressures that produce such debates can be dangerous.

For that reason, policymakers and societies on all sides must recognise the full range of choices that prolonged wars can place before leaders. For Iran’s leadership and its wider strategic community, absorbing this reality may be essential if catastrophic escalation is to be avoided. From Tehran’s perspective, the conflict may well be seen as existential. Yet history also shows that wars framed as existential struggles can generate the most dangerous strategic decisions.

The intellectual climate in Washington has also evolved. A number of influential voices in Washington now argue that the United States has become excessively risk-averse and that restoring global credibility requires a more assertive posture. Such arguments reflect a broader shift toward the language of renewed deterrence and strategic competition. Yet this very logic can make it politically harder for leaders to conclude conflicts without visible demonstrations of strength.

The outcome of this conflict will also be watched closely by other major powers. In 1945, the atomic decision was shaped not only by the desire to end a brutal war but also by the strategic message it sent to rival states observing the emergence of a new geopolitical era. Today, other significant powers will similarly draw lessons from how the United States manages both the conduct and the conclusion of this conflict.

This is why cool judgment is essential at this stage of the war. Whether the original decision to go to war was wise or ill-advised is now largely beside the point. Once a conflict has begun, the overriding priority must be to prevent escalation into something far more dangerous.

In such moments, the international system can benefit from the quiet diplomacy of actors that retain a degree of strategic autonomy. Among emerging nations, India stands out as a major emerging power in this regard. Despite its energy dependence on the Gulf and deep economic engagement with the United States, India has consistently demonstrated a capacity to maintain independent channels of communication across geopolitical divides.

This unique positioning may allow New Delhi to explore, discreetly and without public fanfare, avenues for de-escalation with Washington, Tel Aviv and Tehran alike. At moments of heightened tension in international politics, the world sometimes requires what might be called an “adult in the room”: a state capable of engaging all sides while remaining aligned exclusively with none.

If the present conflict continues to intensify, the value of such diplomacy may soon become evident. The most important lesson from 1945 is not only the destructive power of nuclear weapons but the pressures that can drive leaders toward choices that later generations struggle to comprehend. History shows that when wars reach their most desperate phases, restraint remains the only safeguard against catastrophe.

(Milinda Moragoda is a former Cabinet Minister and diplomat from Sri Lanka and founder of the Pathfinder Foundation, a strategic affairs think tank, can be contacted via email@milinda. This was published ndtv.com on 2026.03.1

by Milinda Moragoda

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Opinion

Practicality of a trilingual reality in Sri Lanka

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Dr. B.J.C. Perera (Dr. BJCP) in his article ‘Language: The symbolic expression of thought’ (The island 10.03.2026) delves deeper into an area that he has been exploring recently – childhood learning. In this article he writes of ‘a trilingual Sri Lanka’, reminding me of an incident I witnessed some years ago.

Two teenagers, in their mid to late teens, of Muslim ethnicity were admitted to the hospital late at night, following a road traffic accident. They had sustained multiple injuries, a few needing surgical intervention. One boy had sustained an injury (among others) that needed relatively urgent attention, but in itself was not too serious. The other had also sustained a few injuries among which one particular injury was serious and needed sorting out, but not urgently.

After the preliminary stabilisation of their injuries, I had a detailed discussion with them as to what needed to be done. Neither of them spoke Sinhala to any extent, but their English was excellent. They were attending a well-known international school in Colombo since early childhood and had no difficulty in understanding my explanation – in English. The boys were living in Colombo, while their father would travel regularly to the East (of Sri Lanka) on business. The following morning, I met the father to explain the prevailing situation; what needs to be done, urgency vs. importance, a timeline, prioritisation of treatment, possible costs, etc.

Doctor’s dilemma

The father did not speak any English and in conversation informed me that he had put both his boys into an International School (from kindergarten onwards) in order to give them an English education. The issue was that the father’s grasp of Sinhala was somewhat rudimentary and therefore I found that I could not explain the differences in seriousness vs, urgency and prioritisation issues adequately within the possible budget restrictions. This being the case and as the children understood exactly what was needed, I then asked the sons to ‘educate’ the father on the issues that were at hand. The boys spoke to their father and it was then that I realised that their grasp of Tamil was the same as their father’s grasp of Sinhala!

In the end I had to get down a translator, which in this case was a junior doctor who spoke Tamil fluently; explained to him what was needed a few times as he was not that fluent in English, certainly less than the boys, and then getting him to explain the situation to the father.

What was disturbing was having related this episode at the time to be informed that this was not in fact not an isolated occurrence. That there is a growing number of children that converse well in English, but are not so fluent in their mother tongue. Is English ‘the mother tongue’ of this ‘new generation’ of children? The sad truth is no and tragically this generation is getting deprived of ‘learning’ in its most fundamental form. For unfortunately, correct grammar and syntax accompanied with fluency do not equal to learning (through a language). It is the natural process of learning two/three languages (0 to 5 years) that Dr. BJCP refers to as being bilingual/trilingual and is the underlying concept, which is the title of Dr. BJCP’s article ‘Language: The symbolic expression of thought’.

“Introduction into society”

It is critical to understand at a very deep level the extent and process of what learning in a mother tongue entails. The mother’s voice is arguably the first voice that a newborn hears. Generally speaking, from that point onwards till the child is ‘introduced into society’ that is the voice he /she hears most. In our culture this is the Dhorata wedime mangalyaya. Till then the infant gets exposed to only the voices of the immediate /close family.

Once the infant gets exposed to ‘society’ he /she is metaphorically swimming in an ocean of language. Take for example a market. Vendors selling their wares, shouting, customers bargaining, selecting goods, asking about the quality, freshness, other families talking among themselves etc. The infant is literally learning/conceptualizing something new all the time. This learning process happens continuously starting from home, at friends/relatives’ houses, get-to-gathers, festivals, temples etc. This societal exposure plays a dominant role as the child/infant gets older. Their language skills and vocabulary increase in leaps and bounds and by around three years of age they have reached the so-called ‘language explosion’ stage. This entire process of learning that the child undergoes, happens ‘naturally and effortlessly’. This degree of exposure/ learning can only happen in Sinhala or Tamil in this country.

Second language in chilhood

Learning a second language in childhood as pointed out by Dr BJCP is a cognitive gift. In fact, what it actually does is, deepens the understanding of the first language. So, this-learning of a second language- is in no way to be discouraged. However, it is critical to be cognisant of the fact that this learning of the second language also takes place within a natural environment. In other words, the child is picking up the language on his own. As readily illustrated in Dr. BJCP’s article, the home environment where the parents and grandparents speak different languages. He or she is not being ‘forcefully taught’ a language that has no relevance outside the ‘environment in which the second language is taught’. The time period we (myself and Dr. BJCP) are discussing is the 0 to 5-year-old.

It does not matter whether it is two or three languages during this period; provided that it happens naturally. For as Dr. BJCP states in his article ‘By age five, they typically catch up in all languages…’ To express this in a different way, if the child is naturally exposed to a second /third language during this 0 to 5-year-old period, he /she will naturally pick it up. It is unavoidable. He /she will not need any help in order for this to happen. Once the child starts attending school at the age of 5 or later, then being taught a second language formally is a very different concept to what happens before the age of 5.

The tragedy is parents, not understanding this undisputed significance of ‘learning in/a mother tongue’, during the critical years of childhood-0 to 5; with all good and noble intentions forcefully introduce their child to a foreign tongue (English) that is not spoken universally (around them) i. e., It is only spoken in the kindergarten; not at home and certainly nowhere, where the parents take their children.

Attending school

Once the child starts attending school in the English medium, there is no further (or minimal) exposure to his /her mother tongue -be it Sinhala or Tamil. This results in the child losing the ability to converse in his/her original mother tongue, as was seen earlier on. In the above incident that I described at the start of this article, when I finally asked the father did he comprehend what was happening; his eyes filled with tears and I did wonder was this because of his sons’ injuries or was it because his decisions had culminated in a father and a son/s who could no longer communicate with each other in a meaningful way.

Dr BJCP goes on to state that in his opinion ‘a trilingual Sri Lanka will go a long way towards the goals and display of racial harmony, respect for different ethnic groups…’ and ‘Then it would become a utopian heaven, where all people, as just Sri Lankans can live in admirable concordant synchrony, rather than as a splintered clusters divided by ethnicity, language and culture’. Firstly, it must be admitted from the aspect of the child’s learning perspective (0 to 5 years); an environment where all three languages are spoken freely and the child will naturally pick up all three languages (a trilingual reality) does not actually exist in Sri Lanka.

However, the pleasant practical reality is that, there is absolutely no need for a trilingual Sri Lanka for this utopian heaven to be achieved. What is needed is in fact not even a bilingual Sri Lanka, but a Sri Lanka, where all the Sinhalese are taught Tamil and vice versa. Simply stated it is complete lunacy– that two ethnic communities that speak their own language, need to learn another language that is not the mother tongue of either community in order to understand one another! It is the fact that having been ruled by the British for over a hundred years, English has been so close to us, that we are unable to see this for what it is. Imagine a country like Canada that has areas where French is spoken; what happens in order to foster better harmony between the English and French speaking communities? The ‘English’, learn to speak French and the ‘French’ learn to speak English. According to the ‘bridging language theory of Sri Lanka’, this will not work and what needs to happen is both communities need to learn a third language, for example German, in order to communicate with one another!

Learning best done in mother tongue

eiterating what I said in my previous article – ‘Educational reforms: A Perspective (The Island 27.02.2026) Learning is best done in one’s mother tongue. This is a fact, not an opinion. The critical thing parents should understand and appreciate is that the best thing they can do for their child is to allow/encourage learning in his/her mother tongue.

This period from 0 to 5 years is critically important. If your child is exposed naturally to another language during this period, he /she will automatically pick it up. There is no need to ‘forcefully teach’ him /her. Orchestrating your child to learn another language, -English in this instance- between the ages of 0 to 5 at the expense of learning in his /her mother tongue is a disservice to that child.

by Dr. Sumedha S. Amarasekara

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Opinion

Tribute to Vijitha Senevirathna

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APPRECIATION

On Friday, the 20th of March, Vijitha Senevirathna would have celebrated his 85th birthday if not for his sad passing away nearly a year ago.

The passing of Vijitha was a moment of great sorrow to all who knew him.

He was my classmate from Montessori to pre-university at Maris Stella College, Negombo. As a Maristonian, Vijitha excelled in his academic studies.

Eventually, he entered the Law College and practised as an Attorney-at-Law and Notary Public for over 50 years.

As an Attorney-at-Law, Vijitha earned the respect of the judiciary and a wide circle of clients. He upheld the highest and most cherished values of the legal profession and earned the trust of all who knew him. His 50th anniversary in the noble profession of law was celebrated with much pageantry, amidst a distinguished gathering of friends, relations, clerics, and the rich and famous of Sri Lanka.

Vijitha dearly loved his proud wife Nirmali and his six children, who are in the highest professions in Sri Lanka. He inculcated among his children professional efficiency, diligence, and honesty.

We who associated closely with Vijitha miss his warm friendship, sense of humor, and animated conversation. He was a raconteur, and people gathered around him and listened to his narrations and tales of yore, especially at the many celebrations at his residence in Dehiwala, where the waters of Scotland flowed generously.

I have personally admired Vijitha’s patience, grit, and lifetime achievements, despite a physical dysfunctionality he suffered over his lifetime.

For Vijitha, the song has ended, but the melody lingers on, in the words of the popular composer Irving Berlin.

Merrick Gooneratne

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