Monday, December 4, 2023

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SL’s Top Court holds deradicalisation regulations invalid

Colombo (LNW): The Supreme Court of Sri Lanka yesterday (13) declared former President Gotabaya Rajapaksa’s regulations on the Prevention of Terrorism (De-radicalisation from holding violent extremist religious ideology) invalid.

The court ruled that these regulations violated fundamental rights under Articles 10, 12(1), and 13 of the Constitution.

The three-judge bench comprising Justices Buwaneka Aluwihare, Murdu Fernando and Mahinda Samayawardhena ordered the State Party to pay Rs. 25,000 to each petitioner, including the Centre for Policy Alternative and its Executive Director, Dr. Paikiasothy Saravanamuttu.

The court observed that amending the regulations to align with fundamental rights was impractical.

The petitioners argued that the regulations allowed executive detention without proper judicial evaluation, violating constitutional safeguards and international human rights norms.

Senior Counsel Viran Corea, Luwie Ganeshathasan and Thilini Vidanagamage appeared for the 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 and Deputy Solicitor General Awanthi Perera appeared for the Attorney General.

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