In a ruling that highlights the frequent misuse of the Prevention of Terrorism Act (PTA) against Tamils in the North-East, the Vavuniya High Court has acquitted three individuals charged under the act, citing insufficient evidence. High Court Judge Ilanchezhiyan delivered the verdict, stating that the Attorney General's Department had failed to prove guilt beyond a reasonable doubt.
The three Tamils —Vavuniya residents Periapuliangulatha Seranda, Sirisubramaniam Krisa, and Kanthapu Kayendran, along with Kakaisingam Kandaruban —were arrested in December 2019 on allegations of possessing claymore mines. Based on this information, Sri Lanka's security forces initiated legal proceedings against them at the Vavuniya Magistrate Court. Though charged with serious offences under the PTA, they were later granted bail.
The Attorney General's Department escalated the case to the Vavuniya High Court, claiming the alleged possession of weapons violated Section 2(1) of the Harmful Weapons Act No. 18 of 1996. However, the prosecution failed to substantiate these claims. Judge Ilanchezhiyan noted that, apart from a chemical analysis report, the prosecution did not present any certificates or evidence required to establish the defendant’s guilt beyond a reasonable doubt.
In his ruling, Judge Ilanchezhiyan cited Section 134 of the Ordinance, which requires that evidence be convincing beyond doubt to establish culpability. As this standard was not met, he ruled for the acquittal of all three men.
This case reflects a broader pattern in which Tamils are disproportionately arrested and prosecuted under the PTA, often without substantial evidence. Human rights groups have repeatedly highlighted how the act is used to target Tamil civilians and activists under broad and vague terrorism allegations, calling for the repeal or reform of the PTA to uphold basic due process and human rights.
Recently Human Rights Watch (HRW) stated that Sri Lanka has continued to use the notorious Prevention of Terrorism Act (PTA) to "target perceived opponents and minority communities without credible evidence" despite repeated promises to repeal the legislation and a moratorium on its use.
The PTA allows Sri Lankan authorities to detain individuals without charge and denies due process rights. The draconian legislation has been used for decades against Tamils and Muslims.
“Sri Lanka’s extensive domestic security apparatus routinely uses baseless accusations of terrorism to target innocent people, silencing critics and stigmatizing minority communities,” HRW'a deputy Asia director Meenakshi Ganguly said. “Previous international pressure has led to modest improvements, and Sri Lanka’s foreign partners should renew their call to repeal the Prevention of Terrorism Act."
The rights group also noted that the draft bill is "designed to give the president, police, and military broad powers to detain people without evidence, to make vaguely defined forms of speech a criminal offence, and to arbitrarily ban gatherings and organizations without meaningful judicial oversight."
