Right To Life Human Rights Center

Right to Life Challenges Protection of the State from Terrorism Bill Before Supreme Court

 

The Right to Life Human Rights Centre (R2L) has initiated legal action before the Supreme Court of Sri Lanka, challenging the constitutionality of the proposed Protection of the State from Terrorism Bill, raising serious concerns over its potential impact on fundamental rights, democratic freedoms, and the rule of law.

The petition, filed on 16 October 2026 under case number SC/SD/136/2026, was submitted by Mr. Philip Dissanayake, Executive Director of the Right to Life Human Rights Centre. The Attorney General has been named as the respondent.

The proposed legislation seeks to replace the Prevention of Terrorism Act (PTA), No. 48 of 1979, which has long faced criticism for enabling arbitrary detention, prolonged incarceration, and restrictions on civil liberties. However, the petition argues that the new Bill retains several problematic provisions that could continue to facilitate human rights violations.

The petition specifically challenges Clauses 3, 26, 27, 28, 29, and 40 of the Bill, highlighting concerns regarding the broad definition of terrorism, executive powers to issue detention orders, restrictions on judicial authority to grant bail, and limitations on access to legal counsel. It further argues that these provisions could threaten peaceful protests, trade union activities, and freedom of expression.

The legal challenge also refers to observations made by the Human Rights Commission of Sri Lanka (HRCSL), which has expressed concerns over the proposed legislation and recommended that terrorism-related offences be addressed through ordinary criminal law.

Through this petition, R2L seeks a Supreme Court determination that the challenged provisions are inconsistent with Articles 3, 4, 12, 13, 14, and 75 of the Constitution and that the Bill, in its present form, requires approval through the constitutionally prescribed special parliamentary majority and/or a public referendum, as applicable.

This legal action reflects Right to Life’s continued commitment to protecting fundamental rights, preventing arbitrary detention and torture, and promoting legislation that respects democratic principles, judicial independence, and the rule of law in Sri Lanka.

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