The Hon. Faiszer Musthapha, PC

¶ 01 Hon. Presiding Member, thank you for the opportunity to speak briefly on the Public Security Ordinance.

¶ 02 First, I wish to remind the House that we are debating the Regulations contained in the Gazette proclaimed by His Excellency the President. We all know a disaster occurred. Unfortunately, during this debate the Hon. Prime Minister and Government Members have focused more on the disaster than on the legality of these Regulations. Therefore, I will discharge my duty by addressing their legality.

¶ 03 Under the leadership of the President, we, including the Leader of the Opposition, met and agreed that a mechanism under an emergency could be considered to manage this disaster. However, when looking at these Regulations, it appears they mirror those issued after the Easter Sunday attacks and those used during the Aragalaya to suppress protests. Regrettably, these are national security-type regulations, not tailored mechanisms for disaster management. I state this responsibly.

¶ 04 There are lawyers in this House. The Deputy Minister of Public Security is here; the Hon. Minister of Justice was here. I request all, in good faith, that if a mechanism is required to face this disaster, do not extend these Regulations. Instead, let us together bring appropriate emergency regulations specifically designed to meet disaster needs. That is my plea.

¶ 05 Let me illustrate. Part II of the Gazette is titled “TAKING INTO POSSESSION OF PREMISES AND REQUISITIONING OF VEHICLES AND OF PERSONAL SERVICES.” Such powers to take over vehicles and premises point to a different kind of emergency. Further, a letter dated 15.12.2025 from the Secretary, Ministry of Defence, states that the disaster situation had ended. I table that letter.

¶ 06 We are not being petty. We told the President we would fully support managing the disaster. I personally suggested promulgating emergency regulations to create a robust mechanism. Under emergency, one can suspend all laws other than the Constitution; within that framework we could create a strong mechanism. The President has now established a “Rebuilding Sri Lanka” Task Force—good. My request is to bring targeted emergency regulations to strengthen that mechanism.

¶ 07 Under Regulation 19 of the Special Gazette, there are provisions relating to distribution of notices and leaflets, gossip, and false statements. Such provisions impinge upon freedom of expression. Freedom of expression has no nexus with disaster relief. Hon. Deputy Minister Sunil Watagala, you are a lawyer; please discuss with officials and amend this. We need a strong mechanism—state officials and the Opposition must both be part of this. We have never faced a disaster of this scale. We are not being petty; I am only making a request.

¶ 08 As a lawyer, I also table the Emergency Gazette issued during the Easter Sunday period, and the Regulations brought during the Aragalaya. You know these were on national security.

¶ 09 Hon. Presiding Member, I also table the Supreme Court Judgment in SC/FR/246/2022 delivered on 23 July 2025. In that case, the Court held that the regulations thereunder were ultra vires in that context. If those were ultra vires, acting under similarly framed regulations now presents legal issues. When bringing measures to this House, we must consider relevant judgments and directions. I wished to read key portions, but my time is up. I finally reiterate: these Regulations are not suited to the present disaster. They relate to public security. I urge the Government to reconsider before putting them to a vote today.

¶ 10 Thank you.