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General disregard for the Attorney General

26 May 2022

Not many are optimistic that justice for those affected by the 9 May attack on the “MynaGoGama” and “GotaGoGama” protest sites in Kollupitiya and Galle Face would be served, mainly due to the fact that the authorities and the Government that allowed that to happen despite being able to prevent it remain in their respective positions of power. Justice is still being sought, nonetheless, and there seem to have been both progressive and regressive actions on the part of the Government and the authorities in this regard. Somewhat allaying people’s fears that the Rajapaksas would sway the hand of justice, the Colombo Fort Magistrate’s Court and the Attorney General (AG) issued a series of instructions regarding the investigations, including banning the foreign travel of, and arresting and questioning, a number of high-ranking officials and politicians, including former Prime Minister Mahinda Rajapaksa and several prominent former Sri Lanka Podujana Peramuna (SLPP) Ministers. However, the implementation of these instructions is now under question. Colombo Fort Chief Magistrate Thilina Gamage, on Wednesday (25), ordered Inspector General of Police (IGP) Chandana D. Wickramaratne to explain to the court as to why Senior Deputy Inspector General of Police (SDIG) in charge of the Western Province Deshabandu Tennakoon had not yet been transferred, despite being instructed by AG Sanjay Rajaratnam PC, to do so. Granted, the IGP has no formal obligation to implement the AG’s instructions. However, we are living in a time where the Police’s conduct is being monitored very closely, especially due to their conduct during the 9 May attack. In Tennakoon’s case, the situation is especially serious, because he had promised “GotaGoGama” protestors that the SLPP supporters who started their violent march from Temple Trees would not be allowed to reach “GotaGoGama”. At the same time, Tennakoon was seen having a conversation with SLPP MP Sanath Nishantha, who is believed to be one of the main architects behind the 9 May attack, and who directed pro-Government protestors towards “GotaGoGama” (he has since been remanded over the matter). Tennakoon is also alleged to have friends among many high-ranking politicians of the incumbent Government. In this context, it is understandable that the people would question the political influence aspect of the 9 May attack and the investigations into the same.  Even though there has been an unexplained delay of considerable time in taking steps to transfer Tennakoon – for which the AG had issued instructions on valid grounds, considering the possibility of him interfering in investigations against the failure to prevent the 9 May attack – the Police has acted promptly in many other cases where senior Police officers were not involved. The best example in this context is the Police Sergeant against whom the Police took action, on the basis that he had acted in a manner that can be construed as openly supporting the “GotaGoGama” protestors. There was no delay in taking actions against that officer in question, despite the fact that the only offence he seemed to have committed was being a part of a protest while on duty, and leaving his assigned station without permission. A fair question this situation raises is why the Police seems to display a lethargic attitude when it comes to taking actions against high-ranking officers such as Tennakoon. What is more, given widespread speculations that the Police Department is highly politicised and supports favouritism – a matter the IGP raised recently in a letter to the Public Security Ministry Secretary, where he said that the lion’s share of Officers-In-Charge (OICs) had not fulfilled the required qualifications – the lack of action against Tennakoon raises doubts as to whether he is seeing any undue support from the heads of the Police Department. The IGP is slated to provide to court the reasons for the delay in transferring Tennakoon. If the court finds those reasons to be unsatisfactory, as has been warned, the court may even issue direct orders for the transfer.  However, this is more of a question about the rights of Sri Lankans. Scores were injured in the 9 May attack, and several also died in the subsequent attacks, including those on politicians’ properties. If such a situation cannot prompt the law enforcement agencies to carry out their duty properly, the public will inevitably harbour doubts over these investigations and their results. What is more, it will end up being yet another stain on the country’s already-poor track record, in a context where the international community too has demanded an unbiased investigation into the attack on peaceful protestors. 


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