Cops in distress

Saturday 3rd April, 2021

These are bad days for Sri Lankan cops. They are either knocked down by speeding contraptions with maniacs at the wheel or harassed by the ruling party political dregs who think no end of themselves.

Sri Lankan politicians love stooges in the public service, where one’s success hinges on one’s ability to lick political boots. They have an antipathy towards upright public officials who tell them what they do not want to hear. Senior Forest Officer Devani Jayathilake has incurred the wrath of the government because she has had the courage to stand up to self-important politicians bent on destroying the environment. ASP Eric Perera, who went above and beyond the call of duty to rid the Wennappuwa area of anti-social activities, and earned public plaudits for his outstanding service, has also got under the skin of a cantankerous government politician.

State Minister Arundika Fernando saw red, the other day, when ASP Perera refused to spare some government backers on the wrong side of the law. Having transferred ASP Perera, the government is now in the same predicament as the proverbial cat which eased itself on a rock and strove to cover its waste, in vain. Disturbing reports from Wennappuwa prove that the SLPP is sponsoring anti-social elements while claiming to be on a campaign to restore the rule of law.

ASP Perera is a battle-scarred STF commando, who fearlessly took on the ferocious Tigers, and, therefore, may not have given too hoots about Fernando’s barks although other police officers grovel before even local government politicians. But trouble is far from over for the intrepid cop. Politicians are like hyenas or wild dogs; they are unforgiving pack hunters. Hence the need for the media and civil society outfits to circle their wagons and remain ever vigilant to ensure that ASP Perera will not be hounded out of his job.

Meanwhile, buckets of crocodile tears are being shed for the courageous cop in distress. The SJB, while condemning ASP Perera’s transfer, has sought to explain his predicament in the light of some deplorable constitutional reforms the incumbent government has introduced; it says the current situation has come about as the 20th Amendment to the Constitution (20-A) has done away with the constitutional safeguards the 19th Amendment put in place to ensure the independence of the police. This argument is not without some merit, but the SJB has oversimplified the issue at hand.

True, the 19-A had some progressive features, and should not have deep-sixed. The present government should have amended it instead of replacing it with the draconian 20-A, which is antithetical to democracy. The popularly elected President should be able to hold the defence portfolio as he is responsible for national security, but he/she must not be given too much power.

Nothing could be further from the truth than the claim that the 19-A ensured the independence of the public institutions including the police. It was enacted in 2015, but the following year the then IGP Pujith Jayasundera was caught on camera, unflinchingly giving an assurance, over his mobile phone, to a politician he reverentially called ‘Sir’ that a custodian of a certain devale would not be arrested. This conversation took place while Jayasundera was addressing a police event! Given the Police Chief’s toe-curling subservience to the political authority, it was not difficult to guess how servile his subordinates were. It has now been revealed that decisions to make controversial arrests, during the yahapalana government, were taken by a group of politicians who met at Temple Trees, and the police only carried them out. So much for the independence of the police guaranteed by the 19-A!

Mere constitutional provisions cannot make the police or any other state institution independent. The law and reality are two different things. The Constitution says sovereignty resides in the people, but reality is otherwise. The same goes for various rights guaranteed by the supreme law; the people cannot exercise them without let or hindrance.

What has ruined the state service is not any lack of laws as such, but the rotten political culture, where those in power can do anything and get away with it. People keep replacing one set of political dregs with another at elections in the hope that their lot will improve only to be disappointed. Something drastic needs to be done about the culture of impunity which politicians of all hues benefit from when in power.

The SJB leaders were in the yahapalana government, which had the police under its thumb while flaunting the 19-A. It is heartening that they have taken up the cudgels for the beleaguered ASP and others. But they have done so to gain political mileage and not out of any love for the victims. They should have championed the rights of officers in distress while they were in power as well.

The government has unveiled a grand plan to create a disciplined society. It has to impose discipline on its parliamentary group first, and lead by example. Let it be urged to leave ASP Perera alone and keep the likes of State Minister Fernando on a tight leash instead.