4 July, 2022

Blog

MPs Letters – A Revival Of A Very Dangerous Practice

By Basil Fernando

Basil Fernando

There are many reports in the media that Government Members of Parliament are sending lists to the Police to arrest persons. This habit has been revived after the events of May 9th and the days that followed. Now the media reports that thousands of arrests have been made and that hundreds are in detention.

First of all, this is a completely illegal practice. It should be the victims of grievances or persons who are witnesses to a crime that has the right to complain to the Police and to get their statement recorded. Parliamentarians or anyone else who is not a witness in terms of the prevailing law in Sri Lanka has no right to send some list and expect the Police to act. That amounts to interference with justice which is itself a criminal offense.

When such a list is submitted, the expectation of the person who submits it is that those named persons will be arrested, detained and prosecuted. If the information contained in any such complaint including a list submitted to the Police is untrue it is an attempt to misuse the process of law in order to achieve an illegal objective. It also amounts to misleading Police officers who will be involved in the arrest as well as inquiries. This too is a crime punishable in Sri Lanka.

When the Police accept a list of this nature, they too are violating the law. There is no legal right recognized under the Criminal Procedure Code or any other law in Sri Lanka which gives power to anyone who submits such a list. At the same time, the Police officers who acted on such a list are also violating the law and if without detailed information of a crime, they arrest persons, that is a serious violation that not only violates the criminal law but also the Constitutional law. Sri Lanka’s Constitution guarantees the right against illegal arrest and illegal detention.

While all these things are of importance, there is something much more sinister in this practice of submitting lists and also accepting such lists by the Police. On several occasions in recent history, we have seen the disastrous effects of such a practice.

Immediate occasions that come to mind easily are the arrest of many innocent persons after the 1971 Janatha Vimukthi Peramuna (JVP) led attacks on Police stations. Panicking due to the situation, authority was given to the Police and the military to arrest persons indiscriminately. What happened as a result demonstrated how such a license to arrest is misused in Sri Lanka. Many people who had grievances against each other sent lists of persons as being involved in the insurgency and immediately without any inquiries, these persons were arrested. The arrest in such circumstances often led to torture for the eliciting of more information and killings and the disposal of persons. Thus, Sri Lanka’s first experience of large scale enforced disappearances happened during this time and that was to recur over and over again in the decades to come.

In the second conflict with the JVP, this habit was carried out in a much larger scheme. The commissions of involuntary disappearances which were appointed by Chandrika Bandaranaike Kumaratunga’s Government listed tens of thousands of such cases. Most of these people who were arrested and thereafter subjected to torture and killed and their bodies disposed were not involved in any way. Even if some did, there was no legal authority for the Police or the military to arrest, detain, torture, kill and dispose of dead bodies. Once again, the habit of utilizing an unstable situation in order to settle private grudges or to eliminate political opponents were more the reasons for these arrests and what followed than the suppression of what was called terrorist activities. The Police officers who were given to each of the Government MPs to guard their houses were used in order to arrest, detain and dispose of these persons. It was during this time that the submissions of political opponents by the Government MPs with the view to have them assassinated were used on a very large scale.

The collection of lists also took place during the suppression of the Liberation Tigers of Tamil Eelam for several decades. The excuse of there being a war was used in order to justify such a practice.

This practice of arresting persons for political reasons as reported in the media is a revival of this dangerous and horrible practice.

This should be stopped as soon as possible.

Following are some of the measures that could be taken in order to stop this practice forcefully:

Firstly, the Government should issue orders and instructions to all Police stations ordering that this habit of accepting lists of persons from Members of Parliament or those who act on their behalf, directly or indirectly, should be stopped. It should be instructed that all arrests and detentions should take place only in terms of the provisions of the Criminal Procedure Code that is after proper complaints have been recorded about a commission of any crime and evidence as to the individual suspected of have being involved in the commission of any of these crimes by way of independent evidence.

Secondly, the submitting of such reports with the view to harm another person and also to get an officer to misuse its function in order to do an illegal act which is a crime recognized in Sri Lanka should be used against any Member of Parliament or anyone else acting on their behalf.

Thirdly, if anyone is arrested as a result of such a list, the Police should report to the Magistrate in their first report that the reason for the arrest is a list that has been submitted by a particular Member of Parliament or his/her agency. The Police are bound to make truthful reports to Magistrates as otherwise that will amount to the misleading of the Magistrate in order to get an order which would amount to an offense. The misuse of the courts in this manner is itself a serious offense.

Fourthly, the national Human Rights Commission (HRC) should take this matter of Members of Parliament submitting reports for arrests with the Inspector General of Police and other persons of the higher ranks of the Police and devise ways to ensure that the revival of this practice which has in the past led to extremely serious consequences should be stopped forcefully. The HRC should also supervise as to how far this practice is spreading and take other measures in order to hold both the persons who submit lists and the officers who act on these lists to be prosecuted.

Fifthly, the members of Opposition political parties should immediately develop a strategy to counteract this measure and to ensure the protection of the people.

Finally, those who are engaged in public protest in particular should take the revival of this dangerous habit as a threat not only to those directly affected by such but also as one that has a potential to be used against all those who engage in peaceful protests about the grave wrongs that are taking place in the country. Thus, the agenda of those who are engaged in a struggle to enhance democracy, the rule of law and human rights should demonstrate their determination to have the revival of this practice suppressed as soon as possible.

Print Friendly, PDF & Email

Latest comments

  • 19
    1

    Torture and deaths in custody of police and prisons have been investigated by UN Rapporteurs and confirmed. This vile practice still goes on. No woman will enter any police station alone especially at night – what will is well known.
    Gota who was the enforcer of the PTA knows this very well.

  • 18
    1

    Is this country governed by Sinhala Buddhists or Savages who are slowly but surely dragging this nation to be a බුද්ධාගම කාපු රට.

    • 7
      0

      Harishchandra

      “Is this country governed by Sinhala Buddhists or Savages who are slowly but surely dragging this nation to be a බුද්ධාගම කාපු රට.”

      The Sinhla/Buddhists want to rule Tamils, Sinhalese Muslims, Hindus, Buddhists, Christians, …… Those Sinhala/Buddhists want to convert all Buddhists into Sinhala/Buddhism.


      If you ask me if this country practices Buddhism, a few. They too will be converted to Sinhala/Buddhism soon. Sinhala/Buddhism is the new political identity of all racists including Gota who shamelessly claims to be such.

      • 4
        0

        Agree NV with what you say but I personally feel that the low down scum who masquerade as Sinhala Buddhists have their days numbered with the emergence of the young generation who have a better exposure to the outside world.

      • 0
        0

        NV: Things are CHANGING. This I saw for the last remarkable and triumphant “50” days at Galle Face Green. That “CHANGE” is slowly taking place in the country. Haven’t you seen what has happened to “Sinhala/Buddhism” the “new political identity of all racists including Gota….” Please be patient.

    • 2
      0

      H,
      .
      Buddhagama has now become their overcoat – comparable to that of SATAKAYA being worn by Rajapakshe rascals. Rajapakshes abused buddhist culture for their political surivivals. This was not overlooked the manner, how illegally set PIRITH CHANTs were set to mitigate the clamours of Mynagama until the 9th May. No sound exposure laws were respected, nothing came against by the neigbouring residents.
      .
      Buddhagama promotes ” violence”while real buddhism based on the fundementals of Lord buddha would never leave room to promote ” violence”. Thi sis the reason why Dalailama led buddhist practises went viral in Europe.

      Looking back our elders were forced to bring ” free meals to SIVURU wearers” not because they understood true teachings of buddha, but it was more like – the stupid culture forced them to do so. But today I realized, those who were unable to provide enough food to their children were forced to odain their children as ” child monks”: That later became like ” offered poultry” to the ” foxes” since, almost 80% of the temple are reported to be practisining child molestation as of tday.

  • 10
    11

    An Interim Government with a Prime Minister not elected at the general election and entered Parliament from the backdoor trying to bring amendments to the Constitution is another dangerous trend.
    This Government was formed mainly to tackle the economic crisis because RW went around bragging that he can solve the economic crisis probably because he is the one who created it. Instead of paying attention to the main task, MPs in the Parliament devote more time to discuss amendments to the Constitution. Introducing amendments to the Constitution to reduce powers of the President not going to solve the economic crisis. If the PM cannot get his priorities right he should be asked to leave.

    • 10
      1

      Eagle Dumbo Eye

      Welcome back to civilisation.
      Congratulation for finally succeeding in your several attempts.

  • 8
    12

    PM became a comedian by introducing a new type of tourism called ‘Protest Tourism’.
    By talking about protests linking to tourism and saying that country will face a food crisis by August, the PM ruined the next tourist season that stars in August. Who wants to come to a country plagued by protests and facing a food crisis?

    • 3
      0

      Eagle Eye

      I wonder whether H. L. D. Mahindapala has made any connection between Vellalarism and Aragalaya (අරගලය)?

      • 4
        0

        NV,
        .
        EE – HLDM is genetically modified in between as I feel. If that is the case, Monsanto has done a good job.
        .
        . He has been struggling now adays to see the TRUE face of Mahinda Percy Rajapakshe today.

        Btw, Vellalarism was not focused in recent posts of the ultra racist, as I noticed. Normally the kind of patients, would never make any progress….
        :

  • 11
    0

    Unfortunately it took long people to realize that Gota s presidency created a situation similar to a fox became the guard of a poultry farm. Absolute horror acts became day today activities all these weeks but serving just is miles away. Johnston/ Alithgamage/Mahinda Rajapakshe/ Namal baby are not yet called by same judiciary which made conviction putting nation s real human activist in jail. The curse is reverberating to the entire nation today..
    .
    God bless our innocent people in the country 🤥🤔😶😎☹

    • 2
      8

      leelagemalli
      ”…that Gota s presidency created a situation similar to a fox became the guard of a poultry farm.
      —-
      It is not Gota’s presidency that created a situation similar to a fox became the guard of a poultry farm but ‘Maha Benku Hora’ becoming the Minister of Finance. Hope this time he will not do such dirty things.

      • 5
        0

        EE/
        .
        What can we expect from man of ur nature. Ur behaviour is similar to Mahinda Kahandagama/ who would remain a life long back pleaser to Rajapakse bp. Did nt u know how Mahinda moved in to his new residence after kicking off Janaka b thennnkoon yesterday? People in this country wait to see the when karmic retribution will punish Medamulana Thradaya up coming weeks. Asuchi smeared man is the curse and he ll die in a cell/ is what majority expects today. 😎😎😎😎😎😎😎

  • 8
    0

    Basil Fernando,
    It was recently reported that OICs of Police stations were appointed on the recommendations of Government members of parliament.

    What you allege follows automatically from this practice.

    The police must be free from political interference for law and order to prevail.

  • 3
    2

    I just sold an ancestral property and took out a few thousand USD via the Undiyal system. Just following the corrupt practices of the sri lankan politicians. Better get my money out rather than wait for when a wheel barrow of sri lankan rupees (eg toilet paper) is needed to buy a loaf of bread

  • 2
    2

    Jurisprudence is good but we want money -it keeps vanishing, western conspiracy according to a book I read. .Peoples bank of course negligible.CB is other boy not my school.Rambukkana shooting ? no officer promotion.Deceased gone abroad.

    Please be AS type defense PC, massage evidence well, do Forensic tricks and be good with dates like Arab its better. Oxford Dr talks rubbish, Impotent in financial crime cover up among other things and no television magic or Maldives.
    Special Yellow priests and Cardinal in skirt angry. Thirupathi Brhamin wanting money for pooja. Only Subra swami is naughty for rope trick like true Atheist.They truly fear God!!

    Gotacome to rule forever. He has got divine right of kings.

  • 5
    0

    The question of arrest revolves around “Whose List” the Police must take action. Recently the “Attorney General” sent written instructions to “Arrest” a number of persons (High Profiled) and produce all of them in a court. That name list contained less than 25 persons. Did the Police take action as per the “Directive” of AG? All those persons were of “Interest” connected with the “May 9th” incidents.

    Now the Police have given “Priority” to the Politicians’ lists and arrested more than 1000 persons.

    Who receives “Priority”? The “Politician” OR the Attorney General. You decide.

    Recently, in another instance, the Supreme Court issued instructions to AG to take action against another “High Profiled” person for the “Contempt” of the Judiciary. Has AG done anything about it. Not yet. Now, who is in “Priority” to AG? Is it the SC or the “Person” referred to him by the SC? Again you decide.

    • 5
      0

      Dear Simon,
      .
      to tell you, Senior journalist, a youtuber (SL DESHAYA) was harassed to be present in CID office day before yesterday. It is just simple, if anyone close to GOTA would liek to take the revenge on anyone, it has become an easy task today…….please check it below link for your info…

      https://www.youtube.com/watch?v=p2ZSmptEM9o

      However, it was not an official invitation, but just phone call made on to Darshana’s . It had been based on request made by ” Delete Jayaweera”.
      .
      My million dollar question would be:
      WHY ON EARTH MOBS LET THIS DELETE JAYAWEEA BE UNHURT IN ON THE 9th ?
      .
      This vicious man, qualified as a lawyer on his known CVs, was behind the criminal act without any shame…. what happened to the law and order in this country ?
      .
      . We expats are well aware of the fact that how this criminal who looted the last coin of the guest workers that struggled to come home and see their lovely ones in COVID crisis period. Not matter those labourers work for a petty salary in ME countries, but they were forced to accomadate in a hotel of their choice… when arriving in BIA….. remember ?

      • 6
        0

        continuing.
        Furthermore, poor guest workers on their return to ME countries were subjected to high costly antigen test (performed by Delete Jayaweera s pharmaceutical institutions) in addition to the PCR test negative result… can you imagine… ? These are facts… I have collected proof materials on this… because my flight heading to Europe, was via Dubai, were among hundreds of those passengers to Dubai.

        ” Delete Jayaweera”, the owner of PACHAWAHINI number one, which was easily known as DERANA TV fooled the nation ( millions of naive buddhists) in that ” Nagaya carried – FAKE relics to Kelaniya temple shortly before Gota ‘s PE in Nov 2019.
        To everyone s knowledge, the channel is grounded bythe huge portions stolen funds/black money of (Rajapkashes) as far back to mid 90ties. I know this guy from Galle St. Allocious college…. his future was already predictable in his schooling days, becuase the bugger was real corrupted young man in earler days.
        .
        However, DERANA TV programs created a big fan base over the years, so that our HOUSE WIVES and others would not be without those daily telecasting “teledrama series” or ” superstar sessions”.
        . and and and… KADAMANDIYA sort of people- being the majority of this country (uncultured, unethical people).

        • 0
          1

          My Dear LM: I read through your comment. My thinking is different. You are isolating a number of “AGENTS” (like Delith Jayaweera) but leave out the “MAIN CULPRITS” (the Captains) of the political “GAME”. I am sum what happy at this moment mainly from what I learned from my “Kadamandiya” camp, in that, those “Ordinary Falks” have correctly identified the main role played by their own “Representatives” (MPs) in bringing this country to today’s levels. That was very well displayed on the “9th” in the country. They identified who must be “DEALT” with and very “Correctly” and “Accurately” targetted the most that “DESERVED” to be punished. That is how personalities like “Delith”, “Cabral”, “Artygalle” and many others were “Excluded” from that assault.

          No w the situation is, No MP can possibly be safe to go and ask for the vote at any future election. The people are “WAITING”. I welcome that “DEVELOPMENT”. Those that you mentioned – the “COHORTS” and “AGENTS” could be dealt with at a later date. Let us do the “FIRST” thing “FIRST”. Let us give meaning to “225” and “Rajapakses” must GO……..GO……..GO. Period.

  • 2
    0

    MPs Letters – A Revival Of A Very Dangerous Practice
    May I ask a question from the eminent lawyer and the popular social service activist?
    If you say reviving, when was that practice ever gone into dormant state, so you have to reawaken it? Why do you have a PTA without repealing it? How many times Ranil, the evil emperor, cheated European countries and UNHRC and previous US Secretary John Kerry on removing PTA? Why do you guys write this type of pompous sentences and still keep fooling the poor Sinhalese Buddhist. You guys have no mercy?

  • 4
    1

    Please write the obvious matters, honestly. Ranil the Evil Emperor wants to Save the Royals. Rowdy Mahinda was waiting until negotiations were concluded to resign. He was saying if the right person comes forward to accept the PM position then he would resign. One the negotiations became successful he brought 200 armed thugs and attacked with a hope of chasing the protestors out. It didn’t work out. He handed over the job of taking care of the protestors to the Evil Emperor. The Evil Emperor has a couple jobs to finish.1. Cheating the IMF with the Loan consolidation process and getting some temporary relief. 2. Using that money to buy out some time locally and dupe the world again in UNHRC in the coming September. Until he complete all those he will be talking lot of patriotism, free market economy, Democracy, CTA instead of PTA., adopting UN’s resolutions, Implementing UNHRC Resolution 30/1, Secret Solution for Tamils with Sam Aiya. When November Budget time comes, like he did in 2019, hand over the government to Pahdu Party and Evil Emperor will escape or go to Oxford to teach Western Students his Mahavamsa…. i.e Colonialism, neo Colonialism…..

  • 0
    2

    My interacting with CT has convinced me that it carries the highest number of Bulshit***s in the world as contributors who talk loudest but never believe truly in what they say.

    • 0
      0

      hanchopancha: “…. highest number of Bulshit”. Does that include what you say? Perhaps?

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.