Police force

“Today is the right time for such an initiative as the country is blessed with a Chief Justice who is kind understands the needs and realities of the citizens and ready for changes for the betterment of the legal system and the maintenance of Justice and Independence of the Judiciary.”
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By Sarath Wijesinghe

History of the Police Department

(November 13, Colombo, Sri Lanka Guardian) Current topic today is the behaviour of some police officers tarnishing the image of the “Police Force”. Police Officers are entrusted with the maintenance of law and order which is a difficult exercise and it is obvious that it is not possible to satisfy all the parties concerned in a dispute. On the other hand any police force in the world is engaged in an unparalleled service without which the “Law and Order” and “Due Process” will not prevail in any Democratic Society.

Sri Lankan Police Department has a long history from 1865 , from the appointment of Hon William Robert Campbell who initiated and headed the Department. It was originally established on the Police ordinance on 1865, on which the police force today is constituted. It’s mission is to Uphold and enforce the law of the land, to preserve the public, prevent crime and terrorism equally to all and generally to maintain law and order and due process in the country and he vision for a peaceful environment to live with confidence and without fear of crime and violence. Police “Vidanarachchies” were appointed in 1865 in villages to maintain law and order with enormous powers over the villages and the character “Silindu” in Village in the Jungle indicates how powerful police and Vidanarachchie in villages. Police Ordinance has withstood the test of time since 1865, and what is required is a well structured force to meet the modern demands and expectations based on the new social and legal needs which are completely modernised. S/56 of the act which deals with powers duties and liabilities is still exhaustive and being put to practice with adjustments.

Police Force in Sri Lanka

Currently the strength of the Police Force is around 65,000 apart from the volunteers and subsidiary power structure such as Home Guards and those recruited on ad hoc basis on various assignments, with limited resources when compared to the Police Forces in the West. They are responsible for enforcement of criminal and traffic law, enhancement of public safety, maintenance of law and order, and keeping peace throughout the country. It is natural that any police force is subjected to public scrutiny, however disciplined they are. But the safety nets and adherence to guidelines give protection to police forces abroad and we should not be hesitant and shy to follow those. After all we follow the British model in Law, governance, Legal Aid, Judicial system and Police ordinance itself. Then what is the issue on following the PACE Police and Criminal Evidence act of 1984- the regulatory procedure of police - in the United Kingdom, where an inquiry of the state sector even other than police investigations are governed by the PACE, which has given enormous powers to the police and the average citizen. Best judges and commencers on the performances of the police force is none other than the citizen, who is always in the receiving end.

Every citizen in the United Kingdom has limited powers of arrest if they see a crime being committed. These are called “every person power” commonly referred to as “citizens arrest” if they witness a crime. A constable enjoys full powers of arrest and search as granted by PACE. All police officers are “Constables” in law irrespective of ranks subject to same law and subjected to wider range of powers. The Chief of the Police force in called the “Chief Constable”. Obviously it is not safe to grant similar powers in Sri Lanka when considering recent unpleasant incidents which has given prominence in the world media tarnishing the image of the entire police and the country as a whole though it as an isolated incident. PACE has guaranteed the right to be represented by a legal representative backed by the most developed legal aid system in the world managed by the State funded Legal Services Commission and the network of voluntary organisations, Law Centres and Pro bono system assisted by the Law Society and the Bar Association which are professional bodies of Solicitors and Barristers in the United Kingdom. Despite criticize and accusations of miscarriage of justice, the police in the United Kingdom are reputed to be a well balanced force in the maintenance of law and order and due process. PACE clearly specifies all minute details on the procedure on arrest detention interview representation legal position in detail which is very successfully implemented in the United Kingdom.

In the United Kingdom Due process and law and order is more in accordance with the system as the procedure is regularised and implemented without fear or favour. Police constable is not hesitant to bring even a member of the Royal Family into books in commission of an offence and political or any other interference is not heard of. Once a person is arrested it is the duty of the police officer and the “Custody Officer” (person in charge of the citizens arrested) to inform him of his rights and more specifically the right to be represented by a solicitor. If he is unable to be represented by a private lawyer, the Duty Solicitor of the day in the area appointed by the Legal Aid scheme will assist him and if there is difficulty in making personal representation, at least telephone advice is an entitlement of the persona arrested, who is entitled to a copy of the custody report in which all the details on the reasons of arrest charge and other details are entered. The procedure is strictly adhered to and there is a barrage of case law on the applicability and clarifying the issues raised during the process of implementation of the PACE. We can introduce the concept of “Citizen Advice Bureau”, linked to 600 Nana Salas ( IT centres established in villages by the Presidential Secretariat) and the legal aid network in the implementation of a new system backed by professionals led by lawyers. Assistance of the British High Commission is expected for the formulation and implementation as this is a system tested and proved to be successful and compatible to us.

In Sri Lanka Bar Association is the most powerful professional organisation and the only professional body approved and recognised by the State. One of the main objects of the Association is the protection enhancement and safeguard of the individual and collective human rights of the citizen, for which traditionally legal aid scheme on the British Model is available. Though legal aid Commission manages the legal aid system as a statutory body, it can not function without the legal profession, running another parallel legal aid foundation. Unfortunately in Sri Lanka there is hardly any Non Governmental organisation for Legal Aid and Consumerism though number of organisations have been set up on political and economic reforms and addressing other socio economic politically related matters which are funding spinners. Constitution of the Democratic Socialist Republic of Sri Lanka guarantees rights under the Chapter on Fundamental rights, but the implementation is confined to Article 126 on the infringement of the rights to seek relief form the Supreme Court which is a complicated and lengthy process. To the credit of the Bar Association and the legal profession genuine attempts are being made to take on the alleged violations of fundamental rights mainly from the Police, and there are eternal misunderstanding and counter allegations on the treatment to the citizens and the lawyers acting in defence of litigants in the police stations. Many attempts were made by successive Inspector Generals of Police and Bar Association officials to streamline the process in order to assist the citizen in need of legal protection currently denied due to the absence of guide lines and a procedure accepted to Lawyers, Police and the citizen. The Judiciary and the Ministry of Justice too will be playing a major role in the implementation of such an arrangement and the ideal procedure which has been tested as successful is the PACE, which could be easily implemented in Sri Lanka as it is compatible with our legal, judicial and political system.

Today is the right time for such an initiative as the country is blessed with a Chief Justice who is kind understands the needs and realities of the citizens and ready for changes for the betterment of the legal system and the maintenance of Justice and Independence of the Judiciary. Fortunately the “Dark Era” for justice and administration of Justice is now over and it is possible for the citizen to look forward to a Just society with equal treatment with no personal or political agenda The President of the country has been a senior lawyer and a human right activist who understands the complicated issues. The new Inspector General has had a good start with the initiative to meet the citizens in public and giving confidence to the citizen concerned and worried about recent unwarranted incidents which could have been avoided, provided there had been a proper procedure accepted to all parties. At the time when the nation is seeking the help of the expatriates and inviting them home to serve, the Sri Lankan lawyers in the Untied Kingdom headed by Harin de Silve (Q.C) have agreed to help Sri Lanka in the preparation a procedure in line with PACE, to be presented to the Parliament as an Act with the approval of all the necessary parties involved. With such an arrangement in action police will have minimum opportunity to deny the citizen of the legitimate rights which will be protected by the legal profession and the procedure itself. What is required is the commitment and genuineness of all the parties and in the absence of a similar arrangement there is a possibility for the citizen to take law into their hands paving the way for he enforcement of the Law of the Jungle by the fittest as in the Jungle where the strongest and fittest only will survive due to the strength over others.

(Sarath Wijesinghe ( LL.M. London) is a Senior Solicitor in England and Wales and a Senior Attorney-At-Law, a Former secretary of the Bar Association of Sri Lanka and a Former Chairman Consumer Affairs authority. For comments - sarath8@hotmail.com )

-Sri Lanka Guardian