The Supreme Court today issued an Interim Order suspending the operation of Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021, which was published by way of gazette notification on March 12, 2021.
This interim order will be effective until the final detention of three Fundamental Rights petitions.
Meanwhile, the Supreme Court granted leave to proceed with these Fundamental Rights petitions under Article 10, 12(1) and 13 of the constitution.
Supreme Court bench comprising Justice MurduFernando, Justice Yasantha Kodagoda and Justice Shiran Goonaratne made this order pursuant to three Fundamental Rights petitions challenging the legality of the DE radicalizationRegulations were taken up for support.
The petitions were fixed for argument on March 21.
Centre for Policy Alternative and its Executive Director Dr. Paikiasothy Saravanamuttu and Shreen Saroor and Ambika Satkunanathan had filed Fundamental Rights petitions seeking a declaration that the De radicalization Regulations is not legally valid.
The petitioners are further seeking a declaration that De radicalization Regulations would permitroom for the continuous or imminent infringement of fundamental rights guaranteed to surrenders, arrestees or detainees under the constitution. 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 De radicalization Regulations run counter to the fundamental safeguards in the Constitution, international human rights norms, and interferes with the judicial power of the People.
Petitioners further alleged that they are yet unaware whether the De radicalization Regulations have been placed before Parliament and duly approved as required by the PTA.