11 August, 2020

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The Collapse Of The Police Administration

By R.M.B Senanayake

R.M.B. Senanayake

Dr Frank De Silva retired IGP has written a very forthright and diagnostic article on why the administration in the Police Department has collapsed. He quotes from various media reports regarding the malpractices and criminal activities of the police officers who are enjoined to prevent crime and bring criminals to book and not to indulge in crime themselves. A DIG is presently being charged in courts for serious crimes. Why is it that the police officers of such high rank are indulging in such crimes?

He faults the Police Commission set up under the 17th Amendment for undermining the authority of the IGP who is the Chief Executive. Any organization requires to be headed by a Chief Executive. The British established these sound principles of public administration. The danger in a  popular democracy is that the politicians would interfere in the running of the  administration and under the Soulbury Constitution the independent Public Service Commission was set up to protect the public officials from interference from politicians in matters of recruitment, transfers and discipline.   The Police Department was also under the Public Service Commission prior to 1972.

The former P.S.C delegated full power to the Heads of Departments including the IGP. They reserved to themselves only the appellate powers and even appeals from employees or ex-employees were required to be sent through the Head of the Department. The Head of the Department was treated as the Chief Executive and he was answerable to the PSC and not to any Minister regarding appointments, transfer discipline etc. The Head of the Department was responsible for the internal administration of the Department and no one else, not even the Minister or the Prime Minister was expected to interfere with his decision. He was the Accounting Officer as well recognizing the need for total power and responsibility for the for all aspects of administration including the financial administration of the Department although he was required to comply with the Financial Regulations of the Treasury which were enforced by the Permanent Secretaries who were the Chief Accounting Officers. All these sound principles of public administration were scuttled by the governments after 1972. The PSC was brought under the control of the Cabinet of Ministers and it opened the way for Ministers to interfere in appointments, discipline etc in departments, disrupting the internal administration of departments.

The 17th Amendment sought to rectify this situation but unfortunately the Police were not brought under the PS.C but instead under a new Police Commission which seems to have lost its way. The sweeping delegation of authority and responsibility to the Heads of Departments seems to have been abandoned. But by failing to do so the Independent Commissions have blundered. They have undermined some fundamental principles of public administration. According to Dr Frank De Silva the 18th Amendment has delegated the administrative and disciplinary authority in respect of officers above the rank of ASPs to the Secretary of Defence instead of the IGP as it should be. Only the comparable powers over the subordinate officers like the Police Constables have been left with the IGP who is  the head of the Department. And responsible for its proper functioning.  The principle of a unified authority and responsibility for the whole operation or function as exemplified in the concept of a Chief Executive has been undermined. Such division of authority and responsibility is an administrative monstrosity not available in any country democratic or otherwise.

This splintering of authority has undermined another sacred principle of public administration called “unity of command”. From the earliest of times it has been recognized that nothing but confusion arises under multiple command. The Bible says “A man cannot serve two masters at the same time. It has become a principle of human relations. In administration this is called the principle of unity of command. A worker subject to orders from several superiors will be confused, inefficient, and irresponsible. But a workman subject to order from one superior alone will know his instructions well enough and conform to them. He can thereby be efficient, methodical and responsible for his actions. Otherwise he can plead conflict of instructions when things go wrong. Unity of command thus refers to those who are commanded and not to those who issue the commands. But those who issue the commands can also plead that they are not responsible if the whole process is not under their control.

The theorists of Public Administration have stressed these principles over a long period of time and they have always characterized good administration. So unless these principles are observed we cannot expect police administration to improve. It is more likely to reflect the division and lack of responsibility. Police performance cannot be improved unless these principles are restored. There was no centralized public administration before the British. Power was farmed out too nobles under feudalism and each noble had his own fiefdom. But it is not necessary that all governmental functions should be centralized. As Dr Frank De Silva points out there were different Police forces from 1802 -1865. In 1865 the Police Ordinance was enacted. The British were slow to centralize realizing the strength of local sentiment. So they continued with the system of Chieftains like Dissaves and replaced them with Divisional Revenue officers later.

Even then they drew a distinction between the Kandy and DROs and those from the low country. This is because the bureaucracy must be representative as well as merit based. We have to undo a lot of administrative changes we have made to the system of Public Administration that prevailed under the Soulbury Constitution. Otherwise we will end up as a failed state.

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    The Police of old you refer were also corrupt and brutal, though restrained to some extent by the system. The failure lay in its colonial origins. It was a ‘Police Force’ (note the word force) that was designed to serve the needs of the colonial masters and keep the ‘Natives’ in line. They were the little masters who projected the power of the State. The same ethos prevails today and they serve the new ‘Native political masters’ who lack the scruples that the colonials had.

    Unless the politicians are dethroned from the status of royalty they have bestowed on themselves over the past six decades and their pernicious interference is severely restrained, nothing will change in this country. I remember yet the times under the Soulbury Constitution, how the access to the Privy Council was blocked how the Senate was erased. I also remember how ministers like T.B. Illangaratne influenced the so-called independent Public Service Commission. There was nothing worse than how the Srimavo government with the leftists in its fold, replaced the Soulbury Constitution itself, when it became a formidable obstacle in their chosen path. This was a downward and brake-less roll that started with the D.S.Senanayake government and has accelerated to a reckless speed now. When will the crash be?

    The politicians are our curse. They would ride rough shod over every arrangement made to correct parts of the problem. The peoples sovereignty must be restored and they must be supreme.

    Who or what event will bell the cat?

    Dr.Rajasingham Narendran

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      yup very true from the likes of DIG Ana Seneviratne who blocked justice for the victims and covered up state violence to inspector Bastiampillai who allegedly tortured detainees in the most brutal manner

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    ‘The 18th Amendment has delegated the administrative and disciplinary authority …….. to the Secretary of Defence instead of the IGP as it should be’- I agree with this statement. The IGP who is the head of the Department at reflects the voice of the ruling politicians. They are not independent. I knew Dr.Frank de Silva is an honest officer and will not tolerate any thuggery. I also agree that as such division of authority and responsibility is an administrative monstrosity not available in any country democratic.

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    Yes Dr Narendran the rot set in with the post 1956 SLFP illiterates who wanted unrestrained power for themselves. They were peasants lacking a modern education and not understanding the democratic ethos. They thought and still think democracy is majority rule and that what the majority decides is right. A set of absolute moral values which are sacred and valid for all peoples and all times is alien to Buddhism. But our government subscribed to the UN Charter although we don’t seem to uphold them. But the real villains are the Leftists who dumped the Soulbury Constitution and passed the 1972 Constitution which did away with checks and balances.

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    Quote “The Collapse Of The Police Administration”

    Absolutely spot on.
    First and foremost, the Police department is top heavy with Senior Gazatted Officers (I mean ASPp & Above – the SGOs you call them)
    To maintain these SGOs with vehicles, Orderlies, Drivers & the other logistics that go with such promotions is a colosal waste of funds.

    To begin with 40+ something DIGs’, and correspondingly the other SGOs down the ladder.\
    Sri Lanka does not need more that (12) DIGs to administer the entire country.
    Take a calculation on Provincial basis, one could arrive at a realistic SGO strength requirted.
    On a realistic calculation, can get rid of 60% of SGOs and divert that expenditure to the welfare & the well being of the Rank & File who are the frontline law enforces. Provide better perks and facilities, the productivity will improve.

    To take the police to a futureristic level in comparison to other developed countries, “THE GRADUATE INTAKE OF ASPS MUST BE SOLID”.
    These directgraduate ASP enlistment must be made of graduates with diversified degrees in keeping witha focus to take the police to another level. This planning should be done by these graduate ASPs. It is there responsibility to take the police to meet future challengers and apporpriate expansion and in house training.
    THIS DOES NOT HAPPEN. POLITICAL RIFF RAFFS ARE TAKEN & SOME OF WHOM HAVE NOT HAD IOTA OF KNOWLEDGE TO WORK IN ENGLISH.

    Making it short, the Police today experience a stagnation.
    Bad enlistment of Graduate ASPs have SET THE ROT.
    As a result the Clerical Civilian staff runs the Administration instead of a a qualified Graduate ASP who has come up to position in Rank.
    No planning at all on the drawing boards to improve the police.
    The end result, Stagnation and Ruination and very soon the Military will have to undertake Police duties.

    Reason, bad enlistment at Graduate ASP intakes.
    MORE SQUARE PEGS FOR ROUND HOLES.

    oFFICERS PROMOTED FROM THE iNSPECTORATE WAS HOLDING THE POLIVE TOGETHER FOR A WHILE AND IT TOO WANING AS THEY HAVE THEIR LIMITATION AND DUE TO DIFFERENT MIND SET.

    iNTELLECTUALS INTAKES HAVE BEEN ROTTON.

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    The significance of the former IGP’s comments lie in the fact they come, not from just another analyst, but from a police-leader of integrity and principle, with the education, insider knowledge, and a life-time of experience to explain what it takes for the police force to be able to do its job. It is not surprising that such a person would bemoan the falling apart of the police force in such grand fashion.
    The unstated implication of what Dr. De Silva states is that the failure of the formal police force will result in its replacement with a parallel informal police force made up of local gangs upon whom the hapless public will have no alternative but rely upon for their security. The clear prognosis if the police is not restored to its former position is for a complete breakdown in law and order. For this reason the former IGP’s insightful and timely statement can be ignored only at peril

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