SC holds Deradicalization Regulations are not legally valid

By Lakmal Sooriyagoda   

The Supreme Court yesterday made a declaration that the regulations issued by former President Gotabaya Rajapaksa in respect of Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021 are not legally valid.  

The Supreme Court further held that these regulations are in violation of the fundamental rights of the petitioners guaranteed under Articles 10 (the freedom of thought, conscience and religion), 12(1) (right to equality) and 13 (freedom from arbitrary arrest and detention) of the Constitution.  

Meanwhile, the Supreme Court three-judge-bench comprising Justices Buwaneka Aluwihare, Murdu Fernando and Mahinda Samayawardhena ordered the State to pay a sum of Rs. 25,000 to each petitioner as costs of the application.  

Centre for Policy Alternative and its Executive Director Dr. Paikiasothy Saravanamuttu and Shreen Saroor and Ambika Satkunanathan had filed these Fundamental Rights petitions seeking a declaration that the Deradicalization Regulations are not legally valid.  

Justice Samayawardhena observed that it was not practically possible for the Court to suggest amendments to rectify the Regulations to align with all fundamental rights due to their inherent flaws.  

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

The petitioners stated that individuals arrested in terms of these Regulations could be subjected to executive or administrative detention camouflaged as rehabilitation, without proper judicial evaluation of the evidence against the individuals arrested, surrenders or detainees.  

They further alleged that Deradicalization Regulations run counter to the fundamental safeguards in the Constitution, international human rights norms, and interfere with the judicial power of the People.  

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

Additional Solicitor General Nerin Pulle with Deputy Solicitor General Awanthi Perera appeared for the Attorney General.