BASL urges Government to withdraw terrorism and organised crime bills

The Bar Association of Sri Lanka (BASL) has urged the Government to withdraw the Protection of the State from Terrorism Bill and the Prevention of Organised Crimes Bill, warning that the proposed laws could weaken judicial oversight and threaten fundamental rights.

In a statement issued on October 21, 2026, the BASL raised concerns about the powers granted to the Executive under the two Bills, particularly in relation to arrests, detention, bail and surveillance.

The BASL said the Protection of the State from Terrorism Bill, which is intended to replace the Prevention of Terrorism Act (PTA), differs significantly from the draft approved by the committee appointed to review the existing law.

According to the BASL, the gazetted Bill includes provisions requiring the remand of suspects, restricting access to bail and reducing judicial oversight of detention extensions. It also raised concerns about the expansion of offences and executive powers under the proposed legislation.

The BASL said these provisions could lead to prolonged detention and the misuse of powers against political opponents, activists, journalists and other members of the public.

The association has also filed a Special Determination Application before the Supreme Court, arguing that provisions of the Bill are inconsistent with constitutional protections, including fundamental rights relating to equality, personal liberty, freedom of expression, association and movement.

Regarding the Prevention of Organised Crimes Bill, the BASL warned that its broad definitions of serious crimes and organised criminal groups could bring offences beyond conventional organised crime within its scope.

The association noted that the Bill includes offences such as copyright and trademark infringement among serious crimes. It said the proposed law could allow suspects to be detained under executive-issued detention orders for periods of up to one year, with bail available only through the High Court.

The BASL also expressed concern that the Bill could be used against peaceful protests, trade union activities and civil society organisations, depending on how its provisions are interpreted and applied.

The association said there had been no public consultation in preparing the Prevention of Organised Crimes Bill and that the BASL had not been consulted or informed about its drafting.

The BASL called on the Government to withdraw both Bills in their present forms, publish the committee report and recorded dissent relating to the Protection of the State from Terrorism Bill, and subject any replacement for the organised crimes legislation to full public consultation.

It also called for the repeal of the Prevention of Terrorism Act, stating that laws intended to address terrorism and organised crime must preserve constitutional safeguards, due process and judicial independence.

The BASL said it would continue to raise its concerns before the Government, Parliament and the Supreme Court.