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Islamic organisations: PSTA more draconian than PTA

Published

7 months ago

2026/03/9

Fourteen Islamic organisations, in a joint letter to President Anura Kumara Dissanayake, have said the proposed Protection of the State from Terrorism Act (PSTA) is more draconian than the existing Prevention of Terrorism (Temporary Provisions) Act, which the ruling NPP pledged in its election manifesto to abolish without any replacement.

The organisations have warned that at a time when Sri Lanka is attempting to recover from economic bankruptcy, climate-related disasters, corruption and ethno-religious tensions, the introduction of such legislation could damage the country’s global image.

“In a country striving to promote self-sufficiency while attracting foreign investment, tourism and export growth, and fostering national unity, the proposed anti-terror law will project a frightening image of Sri Lanka internationally and should therefore be abandoned in the national interest,” the letter said.

Full text of the letter released under National Shoora Council letterhead: 14 Muslim civil society organisations urge President AKD to abandon PSTA in the national interest!

Fourteen Muslim national level community organisations in a joint letter to President Anura Kumara Dissanayake have told the President that the proposed ‘Protection of the State from Terrorism’ (PSTA) draft law is more draconian than the existing Prevention of Terrorism (Temporary Provisions) Act (PTA), which the NPP in its election manifesto pledged to abolish altogether without referring to a replacement!

The 28.02.2026 dated letter to President with copy to Justice and National Integration Minister Harsha Nanayalkkara states “In a country struggling to recover from economic bankruptcy, climate disasters, corruption as well as ethno-religious tensions and working towards encouraging self-sufficiency, foreign investments, tourism, exports and national unity, the proposed anti-terror law will give Sri Lanka a frightening image of the country globally and ought to be abandoned in the national interest.”

The NSC-led organisations have appreciated the need for laws securing national security of the country, but has pointed out that a large number of new laws with wide powers to the security sector have already been enacted and are sufficient to deal with terrorism. In addition, the Public Security Ordinance has conferred immense powers on the President and the forces to deal with any emergency.

The civil society organisations have also urged the government not to subjugate the national interest of Sri Lanka to those of any foreign power or deep state entities.

In the joint letter, the organisations have set out nine provisions in the PSTA as some of the reasons why the replacement draft is more draconian than the PTA.

“The following are some of the reasons:

NO MORE LEGITIMATE PROTESTS UNDER PSTA, AGAINST FOREIGN GOVERNMENTS OR INTERNATIONAL ORGANISATIONS : PSTA seeks to protect not only the government of Sri Lanka but also “any other government or an international organization” preventing the people of Sri Lanka for example, (a) demonstrating to compel foreign governments such as China, the US, or India from continuing environmental pollution adversely causing climate change to the detriment of Sri Lanka or (b) protesting against arbitrary tariffs imposed by powerful countries to the detriment of Sri Lanka adversely affecting the cost of living of Sri Lankans. Such acts by Sri Lankans would constitute “acts of terrorism”, as proposed in the PSTA, which are anti-democratic and not found even in the draconian PTA!

PERIOD OF REMAND OR DETENTION UNDER PSTA DOUBLED INSTEAD OF BEING REDUCED: The Court of Appeal has held in a number of cases under the PTA that even one year in remand or detention without trial amounts to punishment contrary to the exception in Article 13(4) of the Constitution. But instead of reducing the period of state custody for a maximum of three months, the PSTA has extended the minimum period of state custody from 01 year in the PTA (amendment no. 12 of 2022) to a minimum of 02 years under the new draft, which two-year period for the judiciary to grant bail, can also be deprived of by a Detention Order from the executive official, the Secretary of Defence!

MASS MEDIA BROUGHT BACK UNDER THE TERRORIST NET ONCE AGAIN: The Print media, the electronic media, the internet, visuals and writings anywhere including private letters and social media, have been brought under the terrorist net supervision described in the PSTA as “terrorist publication”, with a possible jail term for violations, of a maximum of 15 years and/or fine of Rs 15 million! The PTA too had a provision prohibiting publication of terrorist related investigations or news with a maximum jail sentence of five years but this was abolished by PTA amendment 12 of 2022. PSTA is more draconian than the PTA, this being one of several instances in the PSTA of a platform for assault on the freedom of expression of the people!

EXECUTIVE SITS OVER THE JUDICIARY; DEFENCE SECRETARY’S DETENTION ORDERS OF SUSPECTS, CANNOT BE OVERRULED BY MAGISTRATES OR HIGH COURT JUDGES:Instead of totally scrapping the power vested in the “executive” namely the Secretary of Defence (earlier exercised by the President) and the Superintendents of Police to detain suspects in State Custody and instead of vesting the power in Magistrates in the “judiciary”, ‘Detention Orders’ can be issued under the PSTA by a Ministry Secretary depriving the liberty of subjects without hearing the suspects, unlike before Magistrates and High Court Judges who hear all sides in open Court to consider bail or remand.

DETENTION ORDERS(DO) BY SECRETARY DEFENCE UNTIL CONCLUSION OF TRIAL: Section 58 of the draft law enables the executive via Secretary Defence to detain a suspect from the date of arrest till conclusion of trial, making a mockery of the presumption of innocence until convicted and depriving the suspect of a fair trial.

INVESTIGATING POLICE EMPOWERED TO RETAKE PSTA SUSPECT REMANDED UNDER JUDICIAL CUSTODY BACK TO POLICE CUSTODY WITHOUT PRISON SUPERVISION: Section 58(2) of the draft law enables the Secretary Defence to remove a suspect upon issuing a DO from remand custody and keep the suspect in police custody without prison officials, placing the suspects in threatening circumstances even while the trial is ongoing, depriving the accused of a fair trial, provisions unheard of in the history of criminal trials!

This provision will alarm the suspects from complaining of torture while in custody!

CIVIL SOCIETY ORGANISATIONS, TRADE UNIONS, POLITICAL PARTIES & RELIGIOUS ORGANISATIONS CAN BE BANNED BY PRESIDENT WITHOUT ANY DUE PROCES: PSTA empowers the President to proscribe (ban) any organization, without any judicial intervention; due process; inquiry or at least a show cause notice on the organization where the President has reasonable grounds to believe that any organization is engaged in any act amounting to an offence under this Act” (depends on the President’s belief only, without any due process or a conviction by a Court of law) “or is acting in an unlawful manner prejudicial to the national security of Sri Lanka or any other country” The PSTA gives exceptionally very broad powers for civil society to be threatened with being banned without being heard. This is a draconian power being given to the President who in his manifesto promised to scrap the Presidency altogether. This provision is a grave threat not only to the freedom of association of the civil society associations but also to trade unions, political parties and religious organisations!

NORMALISING EMERGENCY POWERS UNDER AN ACT OF PARLIAMENT: Curfew orders (sec. 64), Restriction Orders (64), Empowering the Armed Forces through PSTA (24) etc. are exercised by the President presently only in the extraordinary circumstances of a State of Emergency being duly declared! PSTA will empower the government to exercise emergency powers at the drop of a hat and will normalise the exercise of extraordinary powers as ‘normal powers’ adversely threatening peoples’ freedom, in the name of protecting them and paving the way for Sri Lanka becoming a Police State!

PSTA HAS NOT DEFINED TERRORISM but has categorized a large number of acts, open to multiple and inaccurate interpretations, as constituting “terrorist acts”. The PTA had only 10 acts in section 2, and more clearly and restrictively set out than in the PSTA. The proposed new law has an everwidening list of offences, naming them all as “terrorist acts”! We see the PSTA more draconian than even the widely condemned PTA.

We urge the Justice Ministry and the government to forthwith repeal the PTA and abandon the PSTA in the national interest as the recently enhanced laws are more than adequate!

1. National Shoora Council

2. RPSL Consortium

3. All Ceylon Union of Muslim League Youth Fronts (ACUMLYF)

4. All University Muslim Students’ Association (AUMSA)

5. Conference of Sri Lankan Malays (COSLAM)

6. Sri Lanka Jama’athe Islami (SLJI)

7. Khatheebs and Muazzins Association of Sri Lanka (KMA)

8. Salamah Society

9. Al Muslimaath

10. Centre for Islamic Studies (CIS)

11. Sri Lanka Muslim Media Forum (SLMMF)

12. Ahadiyya Federation

13. All Ceylon Thowheed Jamath (ACTJ)

14. Association of Muslim Youth of Sailan (AMYS)

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News

BASL calls for conscience vote on 22nd Amendment

Published

7 hours ago

2026/09/24

Sahan Weerasooriya

The Bar Association of Sri Lanka (BASL) yesterday called on all political parties, represented in Parliament, to allow their members to vote on the proposed 22nd Amendment to the Constitution according to their conscience, stressing that the responsibility for deciding whether the Bill should be enacted now rests with Parliament.

In a statement issued after the Supreme Court’s determination on the 22nd Amendment Bill, BASL President Rajeev Amarasuriya and General Secretary Nalin de Silva have said the SC’s determination should not be interpreted as an endorsement of the proposed constitutional amendment as a matter of policy.

The BASL has said the SC’s jurisdiction, under Articles 120, 121 and 123 of the Constitution, was to determine the constitutional requirements for the enactment of the Bill, including whether the Bill, or any of its provisions, required approval at a referendum under Article 83.

“The determination is therefore not a determination as to whether the proposed amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it,” the BASL said.

Full text of the BASL statement: The Supreme Court has now delivered its Determination on the Twenty-Second Amendment to the Constitution Bill and determined that the Bill does not require the approval of the People at a Referendum.

In terms of Articles 120, 121 and 123 of the Constitution, the jurisdiction of the Supreme Court in relation to the Bill is to determine the constitutional requirements for its enactment, including importantly whether the Bill, or any provision thereof, requires the approval of the People at a Referendum by virtue of Article 83.

The Determination is therefore not a determination as to whether the proposed Amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it.

This distinction is also evident from Sri Lanka’s previous constitutional amendments. During the 48 year history of the second republican Constitution there have been many amendments which passed constitutional muster but nevertheless had a negative effect on democracy, constitutionalism, the independence of the judiciary and the rule of law.

The question that now arises is whether Parliament ought to enact the proposed Amendment. That responsibility rests with Parliament and with each individual Member of Parliament when they vote on the Bill.

In making that decision, Members of Parliament should be mindful of the possible and probable consequences the 22nd Amendment will have on our nation. They should also consider the lack of transparency and a proper consultative process in the introduction of the 22nd Amendment. As representatives of the people they should also consider the concerns that have been expressed in relation to the proposed Amendment by a broad cross-section of society including the Maha Nayakes of the Three Nikayas, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, the Bar Association of Sri Lanka, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, the French National Bar Council, and more than 40 Professional Associations and Unions, including the Government Medical Officers’ Association and other leading professional bodies.

Accordingly, the Bar Association of Sri Lanka calls upon all the political parties in Parliament to allow the Members of Parliament to speak and vote on the 22nd Amendment according to their conscience.

The responsibility now lies with Members of Parliament, when called upon to vote, to take a principled position according to their conscience giving due consideration to their constitutional responsibility, their representative capacity and most importantly their duty to the sovereign People of Sri Lanka.

News

IMF: Sri Lanka on course for 2027 market return

Published

7 hours ago

2026/09/24

Sahan Weerasooriya

SL to regain access to international financial and capital markets next year in line with IMF projections

Sri Lanka is on course to regain access to international financial and capital markets around 2027, in line with the International Monetary Fund’s (IMF) current economic projections, IMF Mission Chief Evan Papageorgiou said yesterday.

Papageorgiou said the IMF’s core assumptions under Sri Lanka’s economic programme continued to envisage the country returning to international capital markets in 2027.

“Our previous assumption that Sri Lanka will go back to capital markets still stands. We still have a good trajectory to achieving this in 2027 or thereabouts, and that should be the goal,” he said.

Papageorgiou stressed that Sri Lanka could not rely solely on domestic sources of financing to build long-term economic resilience and would need a diversified funding strategy.

“Every country needs to have a good ability to access funds both in domestic markets, as it already has, as well as international markets for eurobonds and other modes,” he said.

He said a return to international capital markets would have significant implications for Sri Lanka’s external debt composition, while strengthening foreign exchange reserves would remain essential as the country prepares to meet future debt-servicing obligations.

The IMF’s assessment comes amid improving international investor sentiment towards Sri Lanka and positive developments in the country’s sovereign credit ratings.

Papageorgiou cited Fitch’s recent upgrade of Sri Lanka’s credit rating as a positive development, saying global investors were increasingly viewing the country from a more constructive perspective.

Sri Lanka remains under the IMF’s Extended Fund Facility (EFF) programme, which is scheduled to continue until March 20, 2027. Regaining access to international capital markets remains a key milestone under the country’s broader economic recovery.

The IMF has stressed the importance of rebuilding Sri Lanka’s foreign exchange buffers and maintaining stability in domestic financial markets as the country approaches substantial external debt repayments.

A sustained improvement in these areas would help strengthen the country’s capacity to return to international markets while safeguarding macroeconomic stability, the IMF has indicated.

News

President appoints three new judges to High Court

Published

7 hours ago

2026/09/24

Sahan Weerasooriya

From Left: New HC judges Perumal Sivakumar, Anandi Kanagaratnam and Gnanesha Lalith Kannangara receiving their letters of appointment yesterday from the President

President Anura Kumara Dissanayake yesterday (23) handed over appointment letters to three Special Grade officers of the Judicial Service as High Court Judges, at a ceremony held at the Presidential Secretariat, according to the President’s Media Division (PMD).

The new appointees are Perumal Sivakumar, District Judge of Jaffna; Anandi Kanagaratnam, Senior Assistant Secretary of the Judicial Service Commission; and Gnanesha Lalith Kannangara, District Judge of Colombo.