SC suspends deradicalisation regulations

SC has suspended the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021 until final determination of three FR petitions

An Interim Order was issued by the Supreme Court on Wednesday (26) suspending the implementation of the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021.

This interim order is effective until a verdict is given on three Fundamental Rights petitions filed against the regulations.

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 petitions were fixed for argument on March 21. Earlier, the Centre for Policy Alternative and its Executive Director Dr. Paikiasothy Saravanamuttu, activist Shreen Saroor and former HRCSL Commissioner Ambika Satkunanathan filed Fundamental Rights petitions asking the Supreme Court to declare that the Deradicalization Regulations are illegal.

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.

Additional Solicitor General Nerin Pulle with Senior State Counsel Dr. Awanthi Perera appeared for the Attorney General.