Sunday Times 2
Political pressure: In defence of the Police Dept.
The agency entrusted with the maintenance of law and order, the Police Department, has come in for much criticism for various alleged acts of commission and omission. MP Hirunika’s arrest, the handling of the HNDA students’ demonstration, the Embilipitiya incident, snatching of the note-book of a journalist by a Police officer, were some of the volatile topics which the mass media, both print and electronic, and the joint opposition parties, revelled in criticizing, condemning and bashing the Police Department in general.
In any organisation one has to expect some omissions and commissions by some members of the organisation which brings disrepute to that particular organisation. In the case of the Police Department the misdeeds are highlighted mostly by the print media which acts as the investigating body, prosecuting body and the judging body. I am not holding a brief for the Police or attempting to divert attention away from the ongoing investigations. Criticism is welcome, but it should be constructive, unbiased without any political or personal agendas.
In the case of MP Hirunika, what she did in sending her defender vehicle with her security officers to fetch the “wife-snatcher” in order to bring him to his senses and also to bring solace to the husband and daughter who were left in the lurch by the unfaithful wife/mother , was wrong and is not acceptable legally. She should have taken action to get the assistance of some religious body or the Police to achieve what she wanted as a matter of social service. What did she do on the Police informing her of the complaint? She took the personnel involved and her vehicle to the local Police station, surrendered the men and handed over the vehicle. She did not use her power as an MP to seek the help of the higher ups in her party to suppress this complaint against her. The Police had to inquire as to the culpability of the MP in respect of the complaint made about the alleged abduction.In any offence there is what is known as “mens rea” or intention in committing an offence. In the absence of positive evidence against her, the Police sought the advice of the AG whether she was culpable of the offence of aiding and abetting. Having received the direction from the AG she was taken into custody and produced in courts.
In the case of the HNDA students, it has been conveniently forgotten that the demonstration and the procession was unlawful.In the process of dealing with this, it was evident that one of the officers acted beyond his call of duty in going after a female student who was seen fallen on the ground. If unbiased viewers had a chance of seeing the telecast on the TV stations, it could be clearly seen how the students were behaving and violating the normal laws by attempting to overturn the barricades, pushing the Policemen, causing harm to the Police officers and damaging public property. On receipt of the complaint, the National Police Commission assigned independent civilian officers and concluded that the particular inspector should be dealt with departmentally, which was carried out by the IGP.
The Embilipitiya case is still under judicial inquiry which has not been concluded, however on the investigation conducted by the CID, on the orders of the IGP, the AG has given instructions to arrest the ASP who has been arrested and taken into custody. However, before such a decision had been taken by the proper authority on receiving the report of the CID, the mass media, both electronic and print, took upon themselves the role of investigators, prosecutors and judges.In respect of the snatching of the notebook of the journalist, here too the IGP has ordered a full inquiry into this incident and is awaiting the report of the investigating officers. It is unfair that any interested party should arrive at the conclusion of finding the Police guilty of such accusations without proper evidence being gathered by the investigation officers.
Sri Lankans are known for amnesia or shortness of memory. Have they forgotten the white vans which went around abducting mostly rich businessmen, journalists etc., who were never seen again? The identity of the white vans and those who operated them were unknown and the Police were prevented from investigating such abductions. What about the murders of journalists like Lasantha Wickrematunge, Ekneligoda, ruggerite Thajudeen, and many others like Keith Noyahr, who were tortured and permanently impaired? Blatant cases of political thugs wielding pistols chasing after opposition politicians were swept under the carpet and the Police were prevented from inquiring into such cases.
It is transparent that the President, the Prime Minister and the other senior Ministers have not interfered in any of the investigations into any major crimes and have given the IGP a free hand to investigate and bring the culprits to book. The Police are not manacled or threatened by politicians or political thugs from engaging in their normal duties in investigating such crimes.
Of late unruly demonstrations and protests occur daily at the drop of a hat. The policemen on duty are at the receiving end; the latest violent episode was men in robes manhandling, abusing and threatening Police Officers and Prison Officers near the Homagama Courts. Here I recall the Magistrate told the accused buddhist priest that he was spared from being remanded then and there because he wore a robe. A lawyer from the Homagama courts bar had categorically stated that he would not call the buddhist priest a buddhist monk, but a thug in a buddhist robe. We should admire such people for their forthrightness. The Police officers showed zero tolerance in spite of the ridicule they faced in public, and in the electronic media. In the same manner the Police are criticized, and bashed for their omissions, did the electronic media or the print media commend or praise them for their tolerance in not confronting the so called buddhist priests? The mass media has to be fair by the Police, condemn them when condemnation is necessary as pointing out some of their faults will make them correct themselves in handling such situations. Every Policeman in their own way is performing a tremendous job in maintaining law and order for us to live in peace and enjoy our family lives. They are also human beings and they too may err. Please give the Police a fair deal.Having said this, the senior Police officers who fall within the grade of supervising officers should take the blame for any misbehaviour, omissions or commissions of their subordinate officers. Unfortunately, in most of the accusations against the Police, no senior officer had been found fault with for not being responsible and not being accountable. There are several DIG’s and senior DIG’s who are deployed in the provinces. It is they who should be responsible for the performance of the Police officers under their supervision, as well as for their discipline. Let us hope that the senior officers and officers in charge of stations will combinely bring back discipline among the ranks, supervise them properly, be responsible and accountable.
The Police need not fear political pressure, threats or interference any more. The President and the Prime Minister have left the IGP and the Police officers severely alone to carry out their duties according to the law of the land. They have established a National Police Commission which will ensure that no political interference is allowed in any of their duties, especially in transfers, appointments etc. With this assurance the IGP and the senior officers must leave the Police Department to perform their duties in a disciplined manner in maintaining law and order in our country.
(B.Anton Jeyanathan is a retired Deputy Inspector General (DIG) of Police.)