New guidelines for pawnshop searches

The Inspector General of Police has issued fresh guidelines to all police stations in connection with the recovery of stolen jewellery pawned at pawnshops.

The circular came after the Supreme Court ordered that a fresh set of guidelines should be strictly followed to stop the harassment by the police when they visit such shops. The petitioner SEW Gunasekera Pawn Brokers Private Ltd. cited IGP Chandra Fernando, officers-in-charge of Police stations at Gampaha, Ratnapura, Mount Lavinia and the Attorney General as respondents.

The petitioner alleged that his business establishments were facing problems with the police when they visit his shops to recover stolen jewellery that has been pawned. He said the police generally come in civvies and do not carry any identification or a Court order to search the premises.

He also said that when they are requested to produce proof of identity his employees are abused in foul language and there was an instance where one of his managers was taken into police custody for asking the police to show any identification or produce a Court order. The petitioner said the action of the Police in taking into custody, without a court order, articles pawned with him was unreasonable, irrational, without jurisdiction, an abuse of powers and ultra vires within the provisions of the pawn brokers ordinance and the Criminal Procedure Code Act. The Bench comprising Chief Justice Sarath N Silva, Justices Rajah Fernando and Gamini Amaratunge then ordered that a fresh set of guidelines should be followed.

Senior State Counsel said that after consultation with the petitioner and taking into account the Court order fresh guidelines should be issued that Police officers should be in uniform and carry police identity cards while the investigating team shall be accompanied by an officer not less than the rank of Sub-Inspector. All relevant documentation with regard to the articles taken by the police should be recorded. Documents could not be taken away without a court order. The circular would be circulated to all police stations.

Attorney J.C Weliamuna appeared for the petitioner. Senior State Counsel Viraj Dayaratne appeared for the respondents.