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Standing up to politicos in Kurunegala in 1978-79

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Excerpted from Senior DIG Merril Gunaratne’s “Perils of a profession”

I rode into storms and tempests in Kurunegala from mid-1978. What happened in Kelaniya paled into insignificance when compared with encounters with politicians in Kurunegala. The ugly pattern of constant interference with some politicians interfering at will, helped by a compliant police, had taken firm root. Kurunegala division consisted of 14 electorates. I had no difficulty interacting with D. B Welagedera of Kurunegala, S.B Herath of Hiriyala, Sirisena of Bingiriya, Alawathuwala, Wanninayake, and Jayawickrama Perera of Pannala.

MPs Ratnayake of Panduwasnuwara, M Premachandra of Mawathagama, Abeyratne of Yapahuwa, D. M Jayathilake of Kuliyapitiya and Sunil Ranjan Jayakody of Polgahawela were difficultas for they expected the police to dance to their tunes. My SP’s were Dudley Von Hagt and Boyagoda in Kurunegala, ASP Buckley Silva in Kuliyapitiya and ASP H. A Wickramaratne who later became IGP in Maho district.

 

Meeting President Jayewardene in Kurunegala in 1978

Not long after assuming duties, President J R Jayewardene visited Kurunegala to view a drama produced by MP Sirisena of Bingiriya at the Town Hall. He arrived at the residence of MP for Kurunegala, D. B Welagedara, to await the time to leave for the Town Hall. I remained within the residence, but out of the view of the president. His security officer, ASP Camillus Abeygoonewardene told me that on the drive to Kurunegala, the president inquired about my background and the accusation that I had been politically partisan in the conduct of my duties at Kelaniya and Kurunegala.

I was reassured that the ASP had denied the accusation saying I was merely performing my duties correctly. A short while later, D. B Welagedara left for the Town Hall to await the arrival of the president. Thereafter, a servant of the household informed me that the president wished to speak to me. I entered and found only the president seated inside the drawing room. He asked me to take a seat, on my greeting him with a salute.

Without wasting time, the president asked, “Is there political interference?” I replied, “Yes, Your Excellency”. He then asked me for details, and I bared all my conflicts with some MPs. The president appeared impressed, and said, “don’t let them interfere; report them to me if they do so again”. I found his sincerity encouraging. It was this experience with the president which later emboldened me to report the Yapahuwa MP Abeyratne to him through the IGP which culminated in the MP apologizing to the entire staff of Maho police station.

 

Confrontation with MP Panduwasnuwara

Not long after taking charge of the division, I ran into difficulties with MP Ratnayake of Panduwasnuwara. My predecessor, T. B Talwatte, who retired from Kurunegala had agreed to recommend to police headquarters a request by the MP that the entire Panduwasnuwara electorate be brought under the autority of the Hettipola police station. When the file came to me, I studied it intensely and considered that it was not possible to recommend the proposal since on the basis of the MP’s thinking there could be only 160 police stations in the island for 160 electorates. The Panduwasnuwara polling division at the time was covered by four police stations. It would have been impossible for one police station to cover such a vast area. In fact on an objective basis, even four police stations would have been inadequate to provide effective policing for the entire Panduwasnuwara polling district. I therefore reported to DIG R. Sundaralingam in police headquarters that it would not be possible to agree with the proposal. He approved my recommendation and returned papers.

The MP had on his own found out that his proposal had not found favour. Therefore, when I telephoned him to break the news, he spoke to me rudely; but I did not agree to help him with regard to his proposal. I served in Kurunegala for exactly one year before being transferred out, and during that period, the MP’s relations with me were extremely cold. On conducting discreet inquiries about the obsession with his proposal, I gathered that OIC Hettipola was a pliant type, and that the MP wanted him to control the entire Panduwasnuwara polling district so that he could be used to make life uncomfortable for all his political rivals within the district.

 

Confrontation with MP Abeyratne of Yapahuwa.

Not long afterwards, I encountered difficulties with MP Abeyratne of Yapahuwa. His usual habit was to call up police officers including the ASP and abuse them in public. Some officers in order to lessen their mental pain, had made entries at police stations about such instances. I called for extracts of entries made by police officers who had suffered insults in public leveled at them by the MP and made a report to IGP Ana Seneviratne revealing details of his excessive conduct. I also requested that the report be forwarded to the president.

MP Abeyratne had found out through his own sources that I had despatched a report to the IGP to be forwarded to the president. Not long afterwards, the IGP telephoned me one morning and requested me to meet him in his office in Colombo. He further said that the MP would be present and he was prepared to apologize to the police if he had hurt them. I immediately left for police headquarters, and on entering the office of the IGP, found that the MP had already arrived there. I explained to the IGP that I was not prepared to allow my officers to be bullied in such a manner. The MP then said that he was prepared to apologize to the police officers of Maho police station and that he would not harass them in future.

The IGP requested me to accept the MP’s terms. I promised to pick up the MP at his residence the next morning at 8.00 am, and directed ASP Wickramaratne to assemble all police officers of Maho police station, over 50 in number, to enable the MP to address them. I collected the MP the following morning and we arrived together at the police station. I first addressed the officers and said that while standing firm on matters of discipline, I will protect them against insults hurled at them. I further said that the MP had arrived to say “sorry” for what had transpired, and to accept the apology in good grace.

The MP then rose from his seat and said, “Niladhariwaruni, mage athin waradak wuna nam mama avankawa, nihathamaniwa, samawa illanawa” (“officers, I honestly and sincerely request you to forgive me if I have done some wrong to you”). The police officers clapped, and one of them rose from his seat and thanked the MP for his apology. I then took the MP away and dropped him at his residence. The officers of Maho were so relieved that they adjourned to the Rest House and enjoyed themselves. The MP obviously did an ‘about turn’ because he did not wish my report to reach the president. From that day until I left on transfer, the MP left police officers alone. But when the opportunity came his way to take revenge from me in mid-1979, he in concert with a few other MPs worked to secure my transfer out of Kurunegala.

 

Confrontation with MP Sunil Ranjan Jayakody of Polgahawala

Sunil Ranjan Jayakody had been a private in the army serving as a despatch rider before entering politics. He rode to victory in 1977 on the huge wave that brought the UNP to power. I had ample reports as I took over the Kurunegala division that he desired unbridled power and expected the police to bend to his will at all times. Somewhere in late May 1979 on a Sunday morning, I was reading the newspapers at my residence when I received an anonymous telephone call on my landline. Mobile phones were unknown then. The caller said that there was tension of an unusual nature in Polgahawela where a Buddha statue had been placed at the gate of a kovil on the road leading to MP Jayakody’s residence. I was also told that the police were partisan, and that Sinhalese people, offended about a possible desecration of the statue, had gathered outside the kovil. I realized that communal violence may occur.

I made efforts to contact Dudley Von Hagt, ASP Kurunegala, and was informed that he had left for Polgahawela. OIC Polgahawela, Inspector Henry Dissanayake too had left for the residence of the MP, according to officers of Polgahawela police station. He was a pliant factotum of the MP. I immediately left Kurunegala and arrived at Polgahawela police station. Officers of the station informed me that the ASP and OIC were at the residence of the MP. I think I took one or two constables in my car and left for the Kovil which was on the road leading to the house of the MP. A Buddha statue, about 2ft by2ft, was lying on the steps leading into the kovil. A fair number of Sinhalese had gathered outside. Their comments reflected their hostile mood.

The first thing I did was to have the statue despatched to the police station in my car. Simultaneously the assembled crowd was advised to disperse. I then sent the police officers to fetch the ASP and the OIC who were at the MP’s residence. I also ensured the presence of more police officers at the scene. I asked the ASP and the OIC why they were obliging the MP and consciously abetting him to cause communal disturbances. Several soldiers had died due to a landmine triggered by the LTTE the previous day in Batticaloa, and the MP wanted to exhibit his “patriotism” by creating conditions in Polgahawela for Tamils to be attacked. He obviously desired irate Sinhalese to storm the Kovil and commence clashes.

The ASP and the OIC suggested that the statue be brought back and placed inside the Kovil so that the Sinhala and Tamil communities could enter it to worship together. It surprised me that they chose to ignore the dangers that would arise from such a step. Perhaps they had been more obsessed by a desire to please the MP. I had police resources from outside Polgahawela enlisted to intensify security in the area and returned to Kurunegala. The first thing I did the next day, Monday, was to dispatch a report to police headquarters seeking the immediate transfer of OIC Polgahawela, IP Henry Dissanayake. The order of transfer came a few days afterwards.

The MPs’ who had waited patiently to have me moved out, Abeyratne of Yapahuwa, Ratnayake of Panduwasnuwara, G Premachandra of Mawathagama and Sunil Ranjan Jayakody of Polgahawela now joined hands to agitate for the retention of IP Henry Dissanayake at Polgahawela and for my transfer. The transfer order of OIC Polgahawela stood, but I received transfer orders effective from June 18, 1978 with only two days notice to move out. I had a sense of pride that I stood by professional principles and ethics and said so in my farewell speech to fellow officers. As usual, DIG R. Sundaralingam was a great source of comfort. My transfer was to an insignificant slot in Colombo, away from field work.

 

 



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Features

Coercive laws recipe for future misrule

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by Jehan Perera

The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.

The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.

But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.

Proposed Laws

The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.

The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.

The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.

Civil Society

The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.

Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.

The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.

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Quality assurance without quality enhancement: The irony of university QA

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By Ramya Kumar

According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.

An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.

The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.

Top-down check-box activities

The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.

There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).

1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….

2: And with pictures and all…

1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”

2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..

1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…

2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!

1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.

2: yea, when you say QA, my mind closes off immediately and I stop listening…

Auditing everything but power

QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.

The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.

A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.

This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.

External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.

Rethinking university QA

Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.

QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.

(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna)

. Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

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Down Memory Lane — the Grand 20th Edition!

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Down Memory Lane: Ready to sing again

Yes, Down Memory Lane, the beloved Sing-Along concert series that first struck a chord, way back in 1997, returns for its landmark 20th edition this Saturday, 17th October, at the beautiful Bolgoda Grand Resort, Moratuwa town centre.

Having celebrated its glorious 25th anniversary with the show in 2023, this milestone 20th concert promises to be even more special.

The organisers, the ever-popular Moratuwa Arts Forum, are pulling out all the stops to present yet another unforgettable evening, brimming with camaraderie, fellowship, and pure nostalgia.

Get ready for two-and-a-half hours of non-stop singing as veteran vocalists, from the Moratuwa Arts Forum, will take the stage to lead and inspire the happy audience to sing, sing and sing to their hearts’ content.

The repertoire? Absolutely magical, according to the organisers.

Veteran Arun Dias Bandaranaike: Will handle the evening’s proceedings / Priya Peiris: Event Conceptor

Around 40 golden oldies — from timeless English vintage evergreens and hits from the 50s to the 90s, to toe-tapping calypsos, soulful American plantation melodies, rousing cowboy and Dixieland favourites, aa well as cherished Sinhala standards. All to be sung with much gusto!

This year’s dedicated organising committee comprises Brian Coorey (Chairman), Priya Peiris (Event Conceptor), Hiran Fernando, Suranga Fernando, Viranjan Perera, Hemka Fernando and Neelesh Silva. Guidance and support comes from Moratuwa Arts Forum President Sarana Guneratne and Secretary Chandani Silva.

Adding his signature charm to the evening, as Master of Ceremonies, will be the veteran Arun Dias Bandaranaike.

Don’t miss this landmark celebration of music and memories!

For further details, contact Hiran Fernando on 0772636446 or WhatsApp 0783636446.

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