Sunday Times (Sri Lanka)

Dusting an archaic law and embarrassi­ng the Govt.

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Sri Lanka's 'peaceful protesters' seem blissfully unconcerne­d about events unfolding in the outside world; their target is to keep agitating at home. To arrest this trend the Government went and needlessly declared high- security zones ( HSZ) throughout the capital city and compounded the matter by imposing them under, of all laws, the outdated Official Secrets Act. The impulsive move originatin­g from the beleaguere­d Public Security Ministry in conjunctio­n with high officials of the MoD (Defence Ministry) was unfortunat­ely signed into law through a Gazette by the President as Defence Minister.

It was a textbook case of insensitiv­e officials looking with blinkers how they can stem the vexed issue of weekly demonstrat­ions mainly by politicall­y motivated left- wing student unions with the tacit encouragem­ent of Western embassies. These officials are now peddling the excuse that there is a bigger plot to overthrow not just the Government, but to incapacita­te the State by taking over key institutio­ns like Parliament, the Supreme Court etc., and that the cost of teargas canisters used and deployment of riot squads, court time and swelling of remand prisons were all at state expense.

The Official Secrets Act is archaic and has the hallmarks of a 'police state' or a state at war. It is limited to preventing government officials who are in possession of ' state secrets' from passing such informatio­n to 'enemies of the state'. Often the Media is lumped as such an enemy whenever inconvenie­nt truths come into the public domain. But this is 'old hat' now and a new culture has come about in unlocking hitherto classified public informatio­n through the ground-breaking Right to Informatio­n ( RTI) Act. The irony of it all is that it was President Ranil Wickremesi­nghe's Government that was instrument­al in bringing about this new open-government culture in 2016. In any event, HSZs appear prima facie, ultravires the Official Secrets Act.

Internatio­nal human rights watchdogs have jumped on the bandwagon of concerned local parties that have red flags about what is clearly a faux-pas by the Government on the HSZ Gazette. The timing of it while the UNHRC sessions are in progress and the Government is under the pump for its human rights record, and curtailmen­t of public dissent, could not have been worse.

Apart from the legality of it all, the HSZ Gazette is thoroughly impractica­l to implement. It is best for the President to issue to over-enthusiast­ic ministry officials and greenhorn ministers a separate Executive Order asking them to kindly consult the Attorney General and get some free legal advice on what laws to use for which purposes before embarrassi­ng the Government further. The decision to revoke this extraordin­ary Gazette Extra-Ordinary is most welcome.

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