Upholding the rule of law

Two recent incidents involving the Police have sent shockwaves through the wider society. The abduction of Nipuna Ramanayake, a student of the Sri Lanka Institute of Information Technology at Malabe and the killing of two youths - Dinesh Tharanga and Danushka Udayakantha - in Angulana have raised serious questions about the conduct of the Police.

It is clear from the evidence available so far, that both incidents have been motivated by personal concerns of the police personnel involved. This is a pathetic situation, since the Police cannot take personal concerns into account when discharging their responsibilities. In other words, the Police are not above the law. On the other hand, they are the very guardians of the law and should set an example to the rest of the society by upholding it to the letter.

They have to follow the rule of law in whatever action they take. There are certain legal procedures and principles of fundamental rights that should be followed when making an arrest. Once an arrest is made, the Police are responsible for the safety of the arrested persons. Unfortunately, such procedures have apparently not been followed in these two instances.

All three youth have allegedly been beaten by the Police, which is a clear violation of their rights enshrined in the Constitution. The Police do have a right to question suspects, who in turn should have the right to legal representation. All suspects should be treated as innocent until they are proven guilty in a Court of Law. The Police cannot arbitrarily decide whether a suspect is guilty and punish him or her. That is a function of the judiciary.

We commend the Government for acting swiftly on both instances. President Mahinda Rajapaksa has directed the relevant authorities to probe the incidents impartially. Information and Media Minister Anura Priyadharshana Yapa has reiterated the Government's commitment to take action in this regard.

Special police teams are probing the two incidents and it is essential that these personnel have no connection whatsoever with those involved in the Malabe and Angulana cases. All Police personnel allegedly responsible for the Malabe and Angulana incidents have been transferred, pending the investigation. All those who are found guilty of involvement in the two incidents should be penalized.

The Police Department has been politicized over several decades and some politicians are known to directly interfere with the work of the police. Many policemen too are known to be close to their favourite politicians. Depoliticization of the police is essential to ensure the integrity of the service. The imminent revival of the independent Police Commission will be a step in this direction.

In any case, the IGP and senior officers should not allow a few bad eggs in the service to sully the reputation of the Police as a whole.

The majority of police personnel are hardworking and law-abiding. The Police should weed out those who give a bad name to their noble service. A 'clean' police service is the need of the hour.

The Police was stretched to the maximum during the past few decades, as it had to be actively involved in the fight against terrorism. A large number of policemen have made the Supreme Sacrifice to defend the Nation. Now that terrorism has been eliminated, the Police could focus attention on what they do best: fighting crime and vice. The police must maintain a good rapport with the public in this exercise.

Public vigilance helped the Security Forces and the Police to win the battle against terror. Likewise, public cooperation will be invaluable in fighting the underworld and other perpetrators of vice. In order to achieve this goal, the Police should refrain from committing any acts that would tarnish its image in the eyes of the public, such as the Angulana incident.

This incident highlights another alarming trend - mob culture. Just like the Police, the public too cannot take the law into their hands. We have seen many reports of mobs of passersby gathering at sites of accidents, setting fire to vehicles involved and beating the drivers to death. The Angulana protestors too were calling for the heads of the policemen allegedly involved in the incident. This too cannot be condoned in any way.

In a way, this could be a manifestation of the deep rooted frustration with the system of justice in this country. However wrong it may be, there is a perception that wrongdoers often get away with a fine or a light prison sentence and that the society itself should dispense justice in such situations. Thus it is imperative that the wheels of justice move quickly to punish culprits regardless of their social standing. Reinforcing public confidence in the rule of law and justice is vital at this juncture.