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Zuhair alleges proposed anti-Terror Act more draconian than PTA
Sri Lanka’s former Ambassador to Iran M.M. Zuhair, PC has warned that the proposed Counter Terrorism Act could be utilised by the government to crush even farmers’ protests.
The following is the text of a statement issued by the ex-Senior State Counsel and former People’s Alliance MP: The Counter Terrorism Bill, originally gazetted six years ago, on 17th September 2017, and then abandoned due to strong public criticism, has been re-gazetted on Friday 15th September 2023, re-named ‘Anti-Terrorism’ Bill, with some insignificant amendments, with provisions more draconian than in the controversial Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 (PTA).
A debt stricken Sri Lanka is now being displayed to the world as wanting to counter foreign investments, tourism, exports, etc., by declaring to the world that Sri Lanka is badly in need of more serious terror laws to confront future ‘aragalayas’, the troubling ‘media’, the ‘terrorist’ Muslims’, the ‘impossible diaspora’ and the ‘insubordinate’ Church,a formidable list of current and future terrorists!
Terrorism is loosely defined and broadened without boundaries in section 3 of the bill. Section 2 of the PTA, currently in operation, had 10 accurately defined offences, restricted as against the offences in the Penal Code, to causing the death of, attacks on or criminal intimidation of ‘specified persons’ listed in the Act and ‘witnesses’ to offences under the PTA; kidnapping or abduction of witnesses; robbery or mischief of State property, illegal import of arms or ammunition, harbouring PTA offenders, etc.
Significantly the re-gazetted Anti-Terrorism Bill in section 3(1), creating the offence of terrorism has not limited ‘terrorism’ to any “illegal” act but vaguely extends to “any act” or “illegal omissions”. Furthermore unlike in the PTA, section 3(1)(a) of the Bill is overbroad in that the phrase “criminal intimidation” of “any specified person or a witness” have been dropped and the phrase “intimidating the public or a section of the public” have been brought in, unduly and vaguely broadening the category.
A legitimate protest march by farmers for instance demanding fertiliser could end up with the leaders of the protest march being arrested for ‘intimidating a section of the public’ and “causing hurt” under section 3(2) to an undefined person in the protest march! PTA had provided for causing ‘grievous hurt’ to a specified person or witness. But this Bill has broadened the category into causing simple ‘hurt’ as an act of terrorism! The new law can step in to lock up the protest leaders for at least a year, with the State having only to allege ‘intimidation and causing simple hurt’!
Section 3(1)(b) of the Bill is more draconian! PTA did not have any offence that related to the ‘Government’ per se, meaning the President, the Cabinet of Ministers and the rest of the executive. But the Bill has included the commission of “an act” “wrongfully or unlawfully compelling the Government of Sri Lanka or any other Government or an international organisation to do or to abstain from doing any act” as committing the offence of terrorism!
If for instance, India drops “parippu” or its armed forces enters North-East Sri Lanka whether by force or by coercing or intimidating the government of Sri Lanka into wrongfully and unlawfully agreeing to allow the Indian forces to enter and remain therein as it happened in 1987, then Sri Lankans launching any protest against the invasion of one’s country, could be locked up as ‘terrorists’ under the proposed law!
Remember the George Bush and Tony Blair invasion of Iraq in March 2003 alleging falsely that Saddam Hussain possessed ‘Weapons of Mass Destruction! It is more likely this provision will also facilitate the unsolicited entry of US forces into Sri Lanka, under the pretext of containing China, once the Russian-NATO war in Ukraine is over before the end 2025! All signals are in place for such an occurrence, a view that cannot be expressed once this Bill becomes law!
There are in the Bill many more draconian provisions, which instead of regulating the security apparatus, seek to over-empower them at the cost of the liberty of the subject.
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Landslide RED warnings issued to the districts of Kandy, Kegalle, Kurunegala, Matale and Nuwara Eliya extended up to 1600 hrs today [07]
The Landslide Early Warning Center of the National Building Research Organisation [NBRO] has issued landslide early warnings to the districts of Badulla, Colombo, Galle, Gampaha, Kalutara, Kandy, Kegalle, Kurunegala, Matale, Matara, Monaragala, Nuwara Eliya and Ratnapura effective from 16:00 hrs on 06.12.2025 to 16:00 hrs on 07.12.2025.
Accordingly,
LEVEL III RED warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Pathadumbara, Kundasale, Pathahewaheta, Panvila, Medadumbara, Doluwa, Thumpane, Udunuwara, Deltota, Ganga Ihala Korale, Pasbage Korale, Yatinuwara, Hatharaliyadda, Ududumbara, Minipe, Udapalatha, Gangawata Korale, Akurana, Poojapitiya and Harispattuwa in the Kandy district, Thumpane, Udunuwara, Deltota, Ganga Ihala Korale, Pasbage Korale, Yatinuwara, Hatharaliyadda, Ududumbara, Minipe, Udapalatha, Gangawata Korale, Akurana, Poojapitiya and Harispattuwa in the Kegalle district, Alawwa, Rideegama, Polgahawela, Mallawapitiya and Mawathagama inthe Kurunegala district, Ukuwela, Naula, Yatawatta, Laggala Pallegama, Pallepola, Matale, Rattota, Ambanganga Korale and Wilgamuwa in the Matale district, and Hanguranketha, Mathurata, Nildandahinna and Walapane in the Nuwara Eliya district
LEVEL II AMBER warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Uva Paranagama, Badulla, Kandeketiya, Bandarawela, Soranathota, Hali_Ela, Meegahakivula, Ella, Welimada, Haputhale, Lunugala, Haldummulla and Passara in the Badulla district, Narammala in the Kurunegala district, Kothmale West, Norwood, Ambagamuwa Korale, Thalawakele, Kothmale East and Nuwara Eliya in the Nuwara Eliya district and Godakawela, Kahawaththa and Kolonna in the Ratnapura district.
LEVEL I YELLOW warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Seethawaka and Padukka in the Colonbo district, Elpitiya and Yakkalamulla in the Galle district, Mirigama, Divulapitiya and Attanagalla in the Gampaha district, Ingiriya, Bulathsinhala and Horana in the Kalutara district, Pasgoda and Athuraliya in the Matara district, Bibile and Medagama in the Monaragala district, and Kuruwita, Balangoda, Eheliyagoda, Pelmadulla, Kaltota, Kalawana, Openayake, Ayagama, Nivithigala, Imbulpe, Elapatha, Ratnapura and Kiriella in the Ratnapura district.
The Situation Report issued by the Disaster Management Center [DMC] at 2000hrs on Saturday [06] confirms that 607 persons have died due to the recent flooding and landslides while another 209 persons were missing.
The death toll in the Kandy district which one of the most affected districts has risen to 232, and 1800 houses have been fully damaged.The number of missing persons reported is 81
100,124 persons belonging to 29,874 families were being housed at 990 safety centers established by the government.
The government’s failure to act on expert warnings, including advance forecasts on Cyclone Ditwah, had led to the worsening of disaster impact, Udaya Gammanpila, leader of the Pivithuru Hela Urumaya, said at a press conference in Colombo yesterday.
Gammanpila accused the NPP government of ignoring 14 key preventive measures, despite alerts from the Meteorology Department, foreign experts, and the media.
Gammanpila said the government had failed to lower the water levels in reservoirs, dredge estuaries, and deploy the armed forces for canal maintenance. Local government bodies were reportedly sidelined, and that led to a delay in cleaning of drains. He said the government had also failed to evacuate people in a timely manner from seven districts identified by the National Building Research Organisation as landslide-prone. It had delayed declaring emergencies or curfews and the deployment of tri-forces to evacuate people in such areas.
Gammanpila said an experienced public official should have been appointed as Secretary to the President to mobilise the state machinery swiftly during the disaster. He said the government had not convened the National Disaster Council.
“These failures worsened the disaster, causing immense hardship, disruption, and loss of life and property to the people,” Gammanpila said.
The government has denied the Opposition’s claims.
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618 dead, 209 missing as at 2000hrs on Saturday [06]
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