Neither Principle Nor Law In Our Politics: A Plea To The Police & The AG
By S. Ratnajeevan H. Hoole –January 15, 2018
Threat to Law and Order
Note: Constitution, §104B(2):”It shall be the duty of the [Election] Commission to secure the enforcement of all laws relating to the holding of [Elections].” This article is an attempt to secure that enforcement.
The reputation of the police is at a low ebb – with viral videos of the IGP assaulting a person, an SSP convicted of murder, a former DIG implicated in the Jaffna school girl’s rape and widespread testimony of bribery on the highways. Election officials on duty who were assaulted at the 2015 elections are yet to receive justice because the AG refused to charge the assailants.
Yet, the ongoing elections are regarded as relatively problem free. That gain needs consolidation and reflects well on our people. However there are signs aplenty that prosecutions are rarely pursued with the intention of punishing violators because our big fishes are above the law. A stunning unpunished example is the PM’s National Sasundoya Program launched on 5 Dec. building 1000 Temples using state funds. Because this involves waving religious symbols at elections to buy or influence the vote of one community, and because it was done at a religious ceremony (with the PM bowing before monks and the photo circulated widely), this covers a multiplicity of sins – what the law calls “undue influence,” “corrupt practice,” “treating” and “bribery” – making the PM liable to up to 6 or 12 months of RI (depending on the offence) or a trivial fine up to Rs. 500. The real bite, however, is that if he is convicted with even a 1 cent fine, for 7 years from the date of conviction he cannot vote or be a candidate; and if he has already been elected at the time of the offence, he shall be unseated. That would certainly send a loud message.
However, in Sri Lanka where politicians and high officials can speed without tickets, everyone, including the AG, will look the other way. Only small fry are punished to put on a show.
Fearful Police
We have come far after a long period of darkness with neither law nor order. The police are therefore fearful of victimization if they uphold the law. On the 11th morning I dropped my son off at the airport and saw two huge posters at the exit on the parking lot fence – one promoted political heavyweight, Hon. Siripala de Silva, and the other some UNP candidates. I reported it and the Commission ordered its immediate removal. I was told it would have been done. Come nightfall, returning to Jaffna and curious, I detoured to see the two displays still up. I went to the Katunayake Police. They wanted an order in writing, which I issued and the OIC committed to removing it. I asked when. He said immediately.
Since when do the police need a written order to stop an illegal activity? It shows fear and wanting someone else to take the responsibility.
Religion in Politics
Recall that the prohibition on buying “undue influence” using religion is a part of our proud democratic heritage. Thus it was that Gamini Dissanayake was unseated by an Election Judge for holding a public election meeting at a temple in Scrubbs Estate, Nuwara Eliya around 24.05.1970; and at the Mariamma Kovil of Ward No. 3, Hawa-Eliya, Nuwara Eliya around 16.05.1970; and for the offence of corrupt practice by making false statements during the election against the SLFP candidate Tantalage William Fernando in relation to his personal character and conduct.
Dissanayake’s appeal was rejected in 1971 by the Supreme Court. Fitting the times, his worshippers rewrite history that the vacation was only for the third offence.
