Manamperi Murder Case, Incident At Ratupaswela And The Law
By Lal Wijenayake -August 17, 2013 |
Lal Wijenayake
When thousands of people from several villages around Weliweriya were demonstrating and if the law enforcement authorities considered this to be an unlawful assembly which is a threat to the maintenance of Law and Order, then under our law the Police is vested with powers to disperse such an assembly under Section 95 of the Criminal Procedure Code.
Under Section 95(3), the military can be used only when such an assembly cannot otherwise be dispersed and if it is necessary for the public security that it should be dispersed. In such a situation a Magistrate or a Government Agent of the District or any police officer not below the rank of Superintendent of Police may cause it to be dispersed by requiring any commissioned or non commissioned officer in command of any personal of the Sri Lanka Army, Navy or Air Force, to disperse such an assembly using such military force as necessary to disperse the assembly. The Section specifically states “In so doing he shall use as little force and do as little injury to person and property”.
The powers under section 96 of the Criminal procedure code for a commissioned military officer to disperse an unlawful assemble is not relevant to this incident as police officers were present and handling the situation at the time.
There are universally accepted procedures that has to be followed by the police in dispersing an unlawful assembly. The assembly is 1st informed that they have to disperse and that action will have to be taken to disperse them if they failed to heed the order. Thereafter if necessary water cannons are used, and then tear gas shells and thereafter, if necessary rubber bullets are used. If all these steps fails, and if the life or property of the police is in danger live ammunition can be used and it is accepted procedure that they should try to disperse the crowd by firing into the air and that they can shoot only in self defense and even in such extreme situations should shoot below the knees.
It is accepted in all civilized societies that only minimum or the necessary force should be used. We have never heard of dispersing a crowd by chasing them for miles to places of worship to shoot them and in such an event the action amounts to murder.
The Supreme Court in the well known Manamperi murder case, Wijesuriya Vs. the State 77NLR 25,regarding a soldier subject to Military Law, it was held that a military officer “continues to remain the custodian of the Civil Law and it will be his duty to shoulder the responsibility of police duties, in the discharge of which he is as much subject to the civil law as an ordinary policeman” Read More
