By The Pulseline News Desk
The Government is moving to establish a dedicated legal framework to tackle organised crime, with the Cabinet approving the publication of the proposed Prevention of Organised Crime Bill in the Gazette and its presentation to Parliament.
Foreign Affairs, Foreign Employment and Tourism Minister Vijitha Herath has said the Bill had already received the Attorney General’s clearance and was aimed at bringing Sri Lanka’s legal framework for combating organised crime in line with international standards.
Speaking at the post-Cabinet media briefing, Herath has said the legislation was also intended to address the Government’s concerns over the current use of the Prevention of Terrorism Act (PTA) to detain individuals suspected of involvement in organised crime.
“A number of individuals involved in organised crime are currently being detained under the PTA, and we believe that this needs to change,” Herath has said.
He has stressed that suspects involved in crimes such as drug trafficking and organised criminal activity should not necessarily be treated under counter-terrorism legislation.
“They are not terrorists; they are individuals involved in activities such as drug trafficking and organised crime,” he has said.
The proposed law is therefore expected to provide authorities with a specific legal mechanism to investigate, prosecute and take action against organised criminal networks, rather than relying on legislation designed primarily to address terrorism.
Herath has said the Government believed the new framework would make enforcement action against organised crime more effective and efficient.
The legislation is also being introduced as authorities face challenges in pursuing Sri Lankan organised crime figures who have allegedly fled overseas.
Responding to questions on whether the Bill was being brought forward because of difficulties in taking legal action against criminal suspects and politicians who have left the country, Herath has said the proposed framework would make the process easier.
At the same time, the Government is seeking to strengthen international cooperation to bring suspects back to Sri Lanka.
Herath has said discussions were underway to establish agreements with additional countries to facilitate the repatriation of Sri Lankan criminal suspects who have fled overseas.
The move could become particularly significant as law enforcement agencies pursue investigations involving alleged organised crime, drug trafficking and other serious offences with international links.
However, the proposed legislation is also likely to face scrutiny over the powers it would grant to law enforcement agencies and the potential for misuse.
Herath has said safeguards would be included to ensure that the new law was not abused, signalling that the Government is conscious of concerns that expanded powers to combat organised crime could affect fundamental rights if not subject to adequate checks.
The Minister has also ruled out the need for the legislation to operate retrospectively.
Asked whether the new law would apply to ongoing investigations and arrests involving incidents that occurred before its enactment, Herath has said there would be no requirement for retrospective application.
The Cabinet’s approval now clears the way for the Bill to be formally gazetted and subsequently presented to Parliament, where it will face scrutiny before becoming law.
The proposed legislation represents a significant shift in the Government’s approach to organised crime, particularly its stated intention to separate the legal response to organised criminal activity from the use of counter-terrorism legislation.
For the Government, the challenge will be to ensure that the new framework strengthens the fight against organised crime while maintaining safeguards against arbitrary detention and misuse of state powers.
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