Sunday Times 2
Accountability for policing remains in abeyance
The police function is an essential component in the rule of law and is the most important link in the Criminal Justice System. Hence the question as to who is accountable for the Police function is of paramount importance. Under normal circumstances the Inspector General of Police (IGP) obviously would be held accountable for the police function. But under the 19th Amendment to the Constitution all powers for appointments, promotions, transfers, punishments are vested in the National Police Commission as it was under the 17th Amendment.
It is a universally accepted fact that authority and accountability cannot be separated. Former IGP Dr Frank de Silva has laboured hard to make this point in a Treatise under Accountability in his book, ‘Police Role in Sri Lanka’. I quote some excerpts : “The Law in the Police Ordinance laid down at Sec.20: ‘The administration of Police in Sri Lanka shall be vested in the Inspector General of Police, Superintendents, Assistant Superintendents, Inspectors, Sergeants and Constables.’ The line is clear. This principle governs the Police. Here is even a plain managerial principle. In plain common sense too, authority and responsibility are but one, the two together, each the obverse of the other.
Authority and responsibility are now cast on two different entities, the Police Commission exercising authority over the staff while IGP is held accountable and responsible without administrative control over his subordinates. The recent history of the policing service is therefore of a chequered nature. The results are near chaotic. The NPC owes no allegiance to anyone – that is what independence to NPC is said to mean. The IGP is however committed to the Minister and through the Minister answerable to Parliament for the responsible discharge of his functions. This line of accountability through the Minister of Parliament was a time honoured order for good governance. Strangely this arrangement was thrown overboard with the 17th Amendment. This country even witnessed a soap box opera conflict between the Chairman NPC and the Minister in charge of the subject of Police. When peace and order was disrupted by serious crimes as assassination, murder, gang robbery and the like, the question was asked who is responsible. The Chairman NPC pointed to the Minister.The Minister threw the charge back to the NPC. The media exposed the malady in governance.
Many reasons were publicly given for these administrative changes. None spoke of the breach of general principles of administration. The days of the 17h Amendment were therefore numbered from day one. The bureaucratic costs incurred for the NPC did not either bring in commensurate returns in law and order.”
Now the same Dr Frank de Silva is a member of the National Police Commission. I reproduce below two letters I have written to the National Police Commission seeking clarification as to who is accountable for the police function, and the acknowledgements for the two letters:-
“October 29 -2015
Secretary NPC,
I have read the powers vested in the NPC.
May I know if the NPC is taking on accountability as well for the performance by the Police Force.
Thanking you
Faithfully
T. Seneviratne”
“October 29 – 2015
NPC Information
Your email is hereby acknowledged – Regards
N. Ariyadasa Cooray Secretary(Acting)”
“December 21 -2015
Secretary NPC,
Dear Sir,
I refer to my email to you and your acknowledgement dated 29 Oct. 2015. I regret that I have not yet had the clarification that I had sought.
In the interest of transparency and accountability may I have the clarification without further delay please.
Yours faithfully,
Tassie Seneviratne”
” December 21- 2015
NPC Information.
Your e-mail is hereby acknowledged.
N. Ariyadasa Cooray
Secretary/NPC ”
Other than acknowledging my e-mails, I have not been furnished with the clarification that I have sought.
Accountability appears to be as much in abeyance as it was under the 17th Amendment and will the results be as chaotic as before!
(Tassie Seneviratne is a retired Senior Superintendent of Police)