Minister Nanayakkara says bail remains available to terror suspects through the courts, but rules out a government policy directive on the matter
By The Pulseline News Desk
The government’s long-promised repeal of the controversial Prevention of Terrorism Act (PTA) is moving toward its final legislative stage, Minister of Justice and National Integration Harshana Nanayakkara told Parliament on Tuesday (21), confirming that a Cabinet-approved committee has already finalised a draft bill to replace the controversial law.
Responding to a question raised by opposition member of parliament (MP) Ajith P. Perera, the Minister confirmed that the repeal of the PTA was indeed a commitment made under the government’s “Rich Country, Beautiful Life” policy statement, and reaffirmed that the pledge stands.
“A draft bill has already been finalised by the committee appointed with Cabinet approval,” Nanayakkara said. “The Prevention of Terrorism Act will be repealed as soon as this draft bill is passed.”
While the Minister did not specify an exact date for the bill’s passage through the House, his response signalled that the process has advanced beyond the drafting stage and is now awaiting Cabinet and parliamentary procedure before the PTA — in force since 1979 and long criticised by rights groups for enabling prolonged detention without trial — is formally taken off the statute books.
No policy shift on bail for terror suspects
The exchange grew more pointed during the supplementary questions, when Perera pressed the Minister on the fate of terrorism suspects currently held without formal charges, citing judicial observations that extended detention without trial amounts to a serious human rights concern warranting bail as a special consideration.
Perera asked whether, given that the repeal legislation could take time to pass, the government intended to make a policy decision to grant bail to such suspects in the interim.
Nanayakkara, while noting the question fell outside the scope of the original query, chose to respond directly. He said there was no legal obstacle preventing suspects from applying for bail under existing law, pointing out that some detainees had, in fact, been granted bail only in recent days through such applications.
However, he was firm in drawing a line between judicial discretion and executive policy. “The state does not make policy decisions on that matter, because the judiciary functions independently,” the Minister said, adding that bail could be pursued through the High Court. He reiterated that the repeal of the PTA itself would be “carried out expeditiously.”
Context
The PTA has for decades drawn sustained criticism from local and international human rights bodies over provisions allowing lengthy administrative detention, restricted access to legal counsel, and confessions obtained without judicial oversight. Successive governments have pledged to replace it with legislation compliant with international human rights standards, though previous repeal efforts have stalled at various stages of the legislative process.
Tuesday’s parliamentary exchange suggests the current draft has cleared a key internal hurdle — Cabinet-level committee approval — even as questions remain over the treatment of suspects still in custody while the new law works its way through Parliament.
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