Connect with us

Features

Police subservience made political interference possible

Published

on

by Merril Gunaratne,
Rtd. Senior DIG

This writing was inspired by the topical essay of Kingsley Wickramasuriya, retired Senior DIG, which dealt with the impact of politics on the police, and the pithy observation made by Rajan Phillips in his column in the Sunday Island of August 20 where he had, whilst discussing dangers that may affect provincial policing under the 13th Amendment, stated “Nothing can be done provincially unless everything is reformed nationally”.

Stature of IGPs

For a long time, total blame for political interferences has been placed at the feet of politicians. But such interferences do not occur in a vacuum. The IGP and his seniors are the guardians of the law. A sacred duty is cast upon them to resist interference with the law, and to discipline officers who seek to help extraneous forces outside the law. After all, it takes two to tango. This essay would therefore examine whether those in the highest police echelons have stood firm against transgressions.

How political interference occurs

 Upto the advent of the UNP to political power in 1977, interference with the police were relatively less. They were times when both sides protected their turfs, and did not wish to “cross the line”. Those in power structures were conscious that the service had to work within the law. A few exemplary officers such as Osmund de Silva, Sidney de Zoysa and Eleric Abeygoonewardene  were strong bulwarks against intrusions. As a result, interference was just a trickle.

From 1977, after the three stalwarts had left office, the trickle became a torrent. Many of those in power structures considered it their inherent right to acquire police acquiescence in order to harass political opponents, employ violence at by-elections, and prevail upon the police to favour supporters detected for crime, vice and violence.

Police were expected to turn a blind eye to blatant transgressions, and even in some instances watch passively whilst being present at scenes of lawlessness. In order to ensure that the police fell in step, pliant officers were recognised and posted or promoted as Officers in Charge of Stations (OICs), ASPs, SPs and DIGs. They were provided scope and space to achieve promotions in violation of the line of seniority. Those who failed to oblige political masters were not considered for plums and promotions. This tactic proved an effective bargaining chip to ensure police acquiescence for violations of the law.

This strategy over time, found permanence, and accelerated the decline of the police. All governments which followed the UNP, not only continued the adoption of this strategy, but even went to further extremes.

Examples of bad behaviour

There were countless instances where those in the highest echelons of the police submitted to interferences. I had first hand experience of the high handed conduct of political heavyweights immediately after 1977 in Kelaniya and Kurunegala. These experiences have been narrated in three books I had written in retirement. The IGP of the time did not even make contact and provide some solace for the manner in which I upheld the law.

A senior DIG who later became IGP, had said,  “Merril is causing problems to headquarters”.  In recent times, SSP Shani Abeysekera, who had conducted investigations against political heavyweights for the alleged disappearance of Prageeth  Ekneligoda, and the abduction of Keith Noyahr, was hauled up before a Presidential Commission and questioned about the manner in which investigations had been conducted.

These inquiries were reviewed as if the CID had conducted investigations with prejudice. Shani was an upright officer whose findings would have been approved by police headquarters at the time of the investigations. A retired IGP, Chandra Fernando, who sat on the Commission, should surely have been embarrassed, for he would have known about the calibre of SSP Shani Abeysekera as an investigator.

Shani was imprisoned on a questionable charge of fabrication of evidence in another case. Seniors in police headquarters abandoned a fine officer who in jail even feared for his life. Despite his incarceration and harassment, the IGP and the seniors in headquarters failed to rise in his defence. Senior DIG Ravi Seneviratne alone commiserated with him.

The period 1988 to 1995 saw large numbers of officers receiving promotions in gross violation of the line of seniority. They were favourites in whom politicians had confidence to promote their interests. Cyril Herath who became IGP in 1986, alone sought to resist interferences which had taken firm root. When the government rejected his recommendations for three DIG promotions, and instead promoted two very junior officers, he resigned in protest.

Possibly because of Cyril Herath’s recalcitrance, the government removed the IGP’s prerogative to recommend promotions to the DIG rank, and instead vested the Ministry of Defence with authority to hold interviews for promotion. This policy also helped the promotion of favourites. IGP Ernest Perera fell in line without protest.

In the late 80’s, three DIGs were retired – Rajaguru, K Wickramasuriya and Iddamalgoda – in a government bid to pave the way for a junior to be promoted IGP. The IGP did not take a strong stand against this unjust government move as well.

When the war with LTTE resumed, the IGP ordered 600 policemen in the Eastern Province to surrender to the LTTE. The latter massacred them. The IGP consulted Foreign Minister Hamid before ordering the surrender. It was not a matter for him a to have consulted the government to invoke a political direction.

Police, in the absence of directions from IGPs’ in the early 80’s, passively permitted government orchestrated mobs to torch the Public Library in Jaffna, and engage in communal violence in all parts of the country.

In the early 90’s when DB Wijethunga was President, IGP Frank de Silva obliged the request of the former for the DIG cadre to be enlarged to over 40 from a modest number. It was believed that the President wanted his Security Officer, Mahinda Balasuriya who was a junior SSP, to be promoted a DIG. The President had first made the request for a number of DIGs to be posted in police divisions to be responsible for “welfare”, to DIG HMGB Kotakadeniya. This was a ruse to expand the DIG cadre. Kotakadeniya had refused, whereupon the President had made the request to IGP Frank de Silva. The request was implemented without a discussion in police headquarters. This expansion has caused irreparable and irreversible harm to the service.

After the advent of President Kumaratunga to power, three officers who had resigned from the police previously, were reinstated and promoted to the rank of Senior DIG. One of them who was junior, and who had resigned for reasons other than political victimisation, was promoted IGP. He was a favourite of the government. It is generally believed that the decline of the service accelerated with him.

Two IGPs who served during the presidency of Mahinda Rajapaksa, were later found to have tampered with investigations into the murder of Lasantha Wickramatunga. Such partisan conduct by IGPs in recent times is confirmation that police seniors are now far more willing to be complicit with machinations of those in power structures, than in earlier times. On May 9, 2021, an apathetic police were present at Galle Face Green when government inspired mobs attacked unarmed protestors. To add insult to injury, the IGP and Senior DIG (Western Province) accused each other for the police failure to prevent violence.

 Lessons

A system that has been entrenched for countless years, has a tendency to resist changes. The pattern of favourites being recognised, has grown in intensity since the 1970’s. IGPs’ lost control over subordinate officers, for the latter looked to politicians to help the advancement of their careers. The National Police Commission (NPC) was established in a bid to achieve the independence of the service. The NPC in recent times had been more preoccupied with efforts to pamper seniors with material benefits.

DIGs retiring from service are automatically promoted Senior DIGs, a step unheard of in any part of the world.  An abortive effort was made by the NPC for retired Senior DIGs and the IGP to be offered “valets” masquerading as security officers. Three DIGs, over 20 years after retirement, were promoted Senior DIGs. The NPC did not challenge the principle or lack of it that helped these promotions.

Senior DIGs and DIGs who stand implicated in inquiries into the explosions on Easter Sunday in 2019 are yet holding office and enjoying promotions. The NPC and the IGP had not considered it necessary to enforce provisions of the Establishment Code, and place them on Compulsory Leave or under interdiction. It is unlikely that this omission has even been influenced by politics.

The print media had recently reported that the NPC would soon be responsible for appointment, transfer, retirement and disciplinary control of police officers, commencing from OICs of police stations. It is doubtful whether these changes will help the service to regain it’s independence if the performance of the NPC in recent times is an index. It is unarguable that the achievement of police independence will be an onerous task, with those in power structures finding clever ways of overcoming whatever mechanisms are introduced to achieve it.

Just as much as the political opposition cries for the abolition of the presidency but permits its continuance if they gain political power, they may similarly like to enjoy the benefits of a complicit police if in power, despite clamouring for an independent police when in opposition.

The pernicious strategy of governments cultivating favourite police officers by helping them with promotions outside the line of seniority may have been circumvented by pointing out that “individual interests” cannot be given precedence over “service interests”, if catering to individual interests affect the efficacy of the service. This argument may have been convincing to many of those in power structures.

One definite change that could seriously be considered is for all seniors from IGP to DIG to retire at the right time without extensions. IGPs also have a tendency to look for postings after retirement. With such goals influencing them, the result would be that they would be less inclined to stand their ground against interferences. Cyril Herath stands out like a beacon for being the only IGP who voluntarily left office on a matter of principle. He even refused an ambassadorial post.

If the National Police is in the throes of a serious crisis with police officers looking more to political masters than the IGP for advancement in their careers, it is hardly likely that the provincial police would be any better. Seeing the proximate links forged by senior officers in the national police with influential politicians, it is difficult to foresee whether provincial DIGs’ under the 13th Amendment would do any better.

The nexus between the Chief Minister and the DIG is likely to be formidable. There was wisdom in the policy in practise up to the early 198’s where provincial DIGs worked from police headquarters to achieve a distance between political heavyweights in the provinces and Range DIGs. This way, the strain on police independence was far less.

The IGP’s relationship with the DIGs in the provinces may, be tenuous, with many provincial DIGs emerging as factotums of Chief Ministers. Rajan Phillips has rightly pointed out that the “National Mess” should first be remedied, prior to refining the Provincial Policing System.

Combatting subversion and terrorism

Interests connected with National Security may also suffer under provincial policing. The constable in a police station has potential to procure information because he moves with the people and has his ears to the ground. Each police station may have an intelligence cell, with the provincial police Special Branch coordinating them. The provincial police divisions would also have investigation units to inquire into subversion and terrorism.

Whilst all these cogs have to be coordinated by the provincial police DIGs and SPs, the system has to be locked effectively with the SIS, CID which combat threats nationally. Such coordination and control may have to depend to a considerable degree on the goodwill and willingness of provincial units to respond to the Centre.

Control would best be served by a central or unitary command, with national and provincial police cogs effectively coordinated. It may also be necessary to be conscious that conditions in the North and East maybe dissimilar to those in the other provinces; therefore national agencies connected with National Security may find the task of reaching up to provincial counterparts more difficult than with those in other provinces.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber

Published

on

“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “

According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.

Sri Lanka’s Absence from Section 301 Consultations

But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.

In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.

As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .

Awakening from Diplomatic Slumber and AKD’s Gazette

Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.

As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?

Challenges ahead

“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.

With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.

So, this is definitely not the time to slumber.

(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira ✍️

Continue Reading

Features

Tales of Mystery and Suspense 10 Casino for Sale

Published

on

After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.

I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.

This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could  not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.

Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.

Caryl and Simon

The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.

But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.

Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.

Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.

Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.

Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.

When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.

Again, lots of excitement, and entertaining references  – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.

Continue Reading

Features

The challenge of being positive about SAARC

Published

on

The RCSS forum addressed by SAARC Secretary General Ambassador Md. Golam Sarwar in progress. (Pic courtesy RCSS)

It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.

Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.

However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?

There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.

The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.

Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.

Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.

The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.

On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.

In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.

Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.

Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.

The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.

These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.

Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.

There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.

However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.

Continue Reading

Trending