Sri Lanka’s speaker cites constitutional flaws in terrorism bill
Speaker Jagath Wickramaratne raised the inconsistencies during a November 12 parliamentary debate. The Supreme Court says lawmakers can pass the bill by a simple majority if they make specified amendments.
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Sri Lanka’s parliamentary speaker, Jagath Wickramaratne, said during a November 12 debate that some provisions of a proposed counterterrorism bill were inconsistent with the constitution. The Supreme Court has set out amendments that would allow Parliament to pass it by a simple majority.
President Anura Kumara Dissanayake’s National People’s Power government wants the Protection of the State from Terrorism bill to replace the Prevention of Terrorism Act. The existing law gives police broad powers to search, arrest and detain suspects; critics say it has enabled arbitrary detention and torture.
The existing Prevention of Terrorism Act was enacted as a temporary law in 1979 and made permanent in 1982. It allows minister-ordered detention where there is reason to suspect involvement in unlawful activity, renewable every three months; the previous 18-month limit was reduced to 12 months in 2022. The Morning reported that the new bill was published in the Gazette on 22 September 2026, after an expert committee drafted it following consultations with the public, civil society and the international community.
The government says a strong counterterrorism law is needed to address increasingly complex domestic and international extremist activity. Lawyer Dhanushka Silva said the government had promised in its 2024 election manifesto to repeal the existing law, but called its proposed replacement a replica.
Search powers and concerns about speech
The bill would allow security forces to stop, search and question people on reasonable suspicion, enter and search premises, and seize items suspected of being linked to an offense under the legislation, DW said.
Human-rights lawyer and film director Visakesa Chandrasekaram said the bill’s definition of terrorism was unclear and could lead to violations of fundamental rights. He also warned that giving the military police powers could militarize law enforcement, saying soldiers were neither trained to investigate crimes nor equipped to protect the rights of people under investigation.
Silva said the bill’s broad terrorism-related offenses could expose social-media posts and statements to scrutiny. Under Section 9, he said, someone sharing content deemed a terrorism offense could face up to 15 years of rigorous imprisonment.
The Office of the United Nations High Commissioner for Human Rights said the bill includes additional safeguards and improves on previous drafts, but retains shortcomings of the existing law and older bills. It called for stronger safeguards against torture, ill-treatment, enforced disappearance and coercive interrogation. Government spokesperson Nalinda Jayatissa rejected activists' objections and said the bill would not compromise civil liberties or press freedom.
What the court says must change
Parliament’s account of the court’s determination says an investigating police officer would have to apply for extended custody after a suspect is brought before a magistrate. If the officer has reasonable grounds to believe more custody is needed for the investigation, the magistrate could authorize up to 24 additional hours in police custody and would have to record the reasons in writing.
The court also required a reference to the Court of Appeal to be replaced with the Supreme Court to make judicial oversight effective. It called for one clause to be removed as unnecessary and another to be rewritten to say that executive orders, directives or directions under the law can be challenged in proceedings under constitutional Articles 126, 140 or 141.
The European Union has urged Sri Lanka to meet its international human-rights obligations to retain preferential access to the bloc’s market under its GSP+ trade scheme. DW said a failure to meet those requirements could lead to the preferences being suspended.
The bill is not law. Parliament must consider the specified amendments, and no date has been set for a vote.
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