SC grants leave to proceed to petitions challenging de-radicalisation regulations

By AJA Abeynayake

The Supreme Court last Wednesday granted leave to proceed in a fundamental rights petition challenging the constitutionality of regulations made under the Prevention of Terrorism Act (PTA) for the de-radicalisation of persons holding extremist religious ideologies. Three petitions were filed challenging the regulations, by the Executive Director of the Centre for Policy Alternatives Dr. Paikiasothy Saravanamuttu, activist Shreen Saroor and a former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan. The SC also issued an interim order stopping the operation of the regulations until the conclusion of the case.

Considering the petitions, the Supreme Court granted leave to proceed with them under Article 10, 12(1) and 13 of the constitution. A Supreme Court three-judge-bench comprising Justice Murdhu Fernando, Justice Yasantha Kodagoda and Justice Shiran Goonaratne made the order.

The petitioners also want the court to declare that Deradicalization Regulations leaves room for the “continuous or imminent infringement of fundamental rights guaranteed to surrendees, arrestees or detainees under the constitution.”

The Petitioners claim that the President had ordered the formulation of these regulations, titled Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021, under Section 27 of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA).

The petitioners claimed those arrested under these Regulations could be subjected to “executive or administrative detention camouflaged as rehabilitation, without proper judicial evaluation of the evidence against the individuals arrested, surrendees or detainees.”

They petitioners also said those Regulations were not compatible with the fundamental rights, international human rights norms, etc. Petitioners added that those Regulations needed to be approved by the Parliament to be implemented. However, that has not been done to their knowledge.

Senior Counsel Viran Corea with Bhavani Fernando, Luwie Ganeshathasan and Thilini Vidanagamage appeared for CPA. Counsel Suren Fernando with K. Wikramanayake appeared for Shreen Saroor and Pulasthi Hewamanna with H. Jayawardena appeared for Ambika Satkunanathan.

The relevant regulations were published in the gazette in March 2021. The case will be next taken up on Aug 24.