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Police transfers inevitable to ensure proper election - ASG

by Kumar Wethasinghe

"The Commissioner of Elections require over 29,000 police personnel to serve at the polling stations alone. In addition, Election Secretariats, have to be established to ensure a proper election. In fact police transfers are inevitable for the reason of exigencies of service at any "General Election," submitted the Additional Solicitor General Saleem Marsoof PC when the Fundamental Rights application filed by UNP Deputy Chairman Karu Jayasuriya challenging the actions of the IGP was taken up for hearing on the Supreme Court.

The Bench comprised Chief Justice Sarath N. Silva PC, Justice Hector Yapa and C. V. Wigneswaran.

When the case challenging the IGP's actions in connection with the transferring of police officers after the dissolution of Parliament to face a General Election on December 5, the Additional Solicitor General Saleem Marsoof PC submitted to court that the transfers had been done according to usual practices and that there was nothing wrongful.

The ASG, cited the General Election itself as an instance of exigencies of service.

He said under the 17th amendment to the Constitution and Section 104 (C) of the Constitution, the Commissioner of Elections is required to inform the IGP about his requirements. Accordingly, the Commissioner had requested three police personnel for each of the 9946 polling stations at the forthcoming General Election.

In addition, for the Election Secretariats to be established, further manpower is required. Colombo Election Secretariat alone requires 32 police personnel headed by DIG. For the rest of the island, another 219 are required. Therefore, the transfers are made to meet manpower demands in conducting a free and fair election.

The Ministry Security Division (MSD) also absorbed a large number of persons the ASG said.

Meanwhile the 1st respondent IGP through an affidavit submitted to court objected to the granting of relief to the petitioner by way cancelling or staying the police transfers already effected on the grounds that it would seriously impair the discharge of his duties as the IGP.

The IGP while denying all allegations made against him had further stated:

I state that the transfers complained of referred to in the petition have been affected for such exigencies of the service.

Answering the averments contained in paragraph 15 of the said affidavit, I state that the police personnel have to perform various additional duties during the period commencing from the proclamation of a General Election and concluding with the final conclusion of the General Election. I also admit that there had been a number of complaints of election related violence. As it is customary, Elections Divisional Secretariats of the Police are established within each Police Divisions during such period to investigate such complaints and to deal with such matters.

Answering the averments contained in paragraph 16 of the said affidavit, I specially deny that the transfers referred to in the said paragraph have been effected without any lawful reason. By way of further answer to the averments contained thereof, I state as follows:

The Police Force consists of personnel of around 61,000. Every month exigencies of the service requires certain amounts of transfers. I attach herewith a schedule giving the statistics of transfers effected within the year 2000 and 2001 on a monthly basis marked IR 'A'.

During the election period, additional exigencies of the service arise which require transfers especially to meet such exigencies of the service. Some of such exigencies of the service that arise particularly during a period of election are as follows:

The creation of Election Secretariats at Police Headquarters and 36 other Divisional Secretariats in each police division. Each of such Secretariats has to be manned by a person not below the rank of an ASP. In addition each of the Secretariat has an officer-in-charge and further staff working in such Secretariat.

The Ministerial Security Division requests additional personnel during this period to strengthen the security of VIP including those contesting elections from all political parties. Increase of staff conducting intelligence with regard to terrorist activities within the city and suburbs.".

At the end of the day's hearing the court inquired the counsel for petitioner whether there were any specific instances with regard to the alleged transfers.

Since the Senior Counsel for the petitioner K. N. Choksy, PC submitted that he required more details pertaining to the transfers of 22 officers, the court informed the ASG to provide the details to the petitioner's senior counsel.

Additional Solicitor General, Saleem Marsoof, PC with Senior State Counsel, Shavindra Fernando and Riyaz Hanza appeared for the respondents.

K. N. Choksy, PC with Upul Jayasuriya and Ronald Perera instructed by Samararatne Associates appeared for the petitioner Karu Jayasuriya.

Further case was put off for November 20.

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