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Police action against protestors: Unions express concern, PHIs deny they gave approval
View(s):Serious concerns have been raised over the legality of the actions taken by the Police to forcibly remove protesters to Government-run quarantine centres even after they are granted bail by the courts.
The Police this week arrested individuals who took part in two different protests and forcibly took several among them to quarantine centres after they were given bail by a magistrate.
Police break up a protest at the Parliament round about. Pix by Eshan Fernando
Among those forcibly taken to quarantine centres were Ceylon Teachers’ Union (CTU) General Secretary Joseph Stalin, Ven. Rathkarawwe Jinarathana Thera of the Inter University Students’ Federation (IUSF) and Frontline Socialist Party (FSP) member Duminda Nagamuwa.
Mr Nagamuwa was arrested along with five others while attempting to stage a protest opposite the State Engineering Corporation in Kompanniveediya on Wednesday. Mr Stalin was among more than 30 detained while trying to hold a protest in Battaramulla on Thursday against the Kotelawala National Defence University (KNDU) Bill which they allege is the first step towards the privatisation of education.
They were arrested by the Police citing instructions given by the Health Services Director General to the Inspector General of Police stating that public meetings and protests involving mass gatherings should not be permitted until further notice due to the pandemic crisis.
While the Government claimed that the decision to take the protesters to quarantine centres was based on advice by health authorities including Public Health Inspectors (PHIs), the PHI’s Union yesterday denied these claims.
PHI’s Union President Upul Rohana said area PHIs did not recommend that protesters in either case be quarantined.
“Neither the area Medical officer of Health (MoH) nor the PHI can recommend any protesters to be taken to quarantine in such a manner. There are strict guidelines on who can be quarantined and on what grounds,” he said. 
The Health Services DG could prohibit public gatherings and protests throughout the country owing to the pandemic, given that the entire country had been declared a diseased locality as per the gazette notification issued on March 14, 2020, Mr Rohana said.
“Therefore, protesters can be arrested and produced in court. However, the courts released them on bail. It is the actions of the Police afterwards, to take them to quarantine, that raises questions over legality,” he said.
The PHI’s Union Chief said no Rapid Antigen or PCR tests had been conducted on the protesters before they were herded onto buses and taken to quarantine.
“At present, three groups are directed to quarantine: first contacts of known COVID patients, recovered COVID patients who are directed to home quarantine and foreign returnees who are not fully vaccinated,” Mr Rohana said.
There were certain exceptions to this in cases such as outbreaks in prisons, but given that the protesters did not fall into any of these categories, and since not even a Rapid Antigen test was performed on any of them to see if they were COVID infected, the PHI Union President said it was obvious that the Police actions raise serious questions.
“If no tests are done, it also raises questions why only the protesters are taken to quarantine and not the Police officers and others who came into contact or were in close proximity to them,” he added.
Speaking to the Sunday Times from the quarantine centre he was taken to in Pallekele, FSP member Duminda Nagamuwa said their silent protest adhered to all health guidelines but the Police still took them into custody.
He claimed there were only 15-20 people involved in the protest but the Police arrested and charged them with being part of an unruly mob, of blocking a public road and violating quarantine laws.
He accused the Government of hiding behind quarantine laws to violate the people’s right to free speech and expression enshrined in the Constitution.
“The Government is obviously trying to send a message to the people that any who publicly protest will suffer this fate,” he said.
Ceylon Teachers’ Service Union (CTSU) General Secretary Mahinda Jayasinghe, who was not part of the Battaramulla protest but supported the protesters, said they intend to take legal action over the incident.
He said the Police arrests were an open threat to protesters and violated the fundamental rights of the country’s citizens.
“The Government was hiding behind the pandemic to pass deeply unpopular and harmful legislation such as the KNDU Bill,” IUSF Convenor Wasantha Mudalige said.
Rather than withdraw the bill, the Government was arresting people and illegally sending them to quarantine. This was a suppression of people’s rights, he charged.
Police Spokesman and Senior DIG Ajith Rohana claimed action was being filed against those involved in protests under the quarantine laws and the Penal Code. This follows a communication from the Health Services Chief to the IGP.
Speaking on the incident where 33 protesters were arrested at the Battaramulla demonstration against the KNDU Bill, former Janatha Vimukthi Peramuna (JVP) Provincial Councillor and lawyer Sunil Watagala said the Police told the Colombo Additional Magistrate that the suspects were arrested for being members of an illegal gathering and for violating Section 98 of the Quarantine Ordinance.
Appearing for the suspects, their lawyers insisted the Police had no right to arrest protesters on such grounds as they were simply going by a statement by Police Spokesman and Senior DIG Ajith Rohana issued to the media citing a directive issued by the Health Services DG prohibiting gatherings and protests.
They argued this was not an illegal gathering but a peaceful protest and that the right to protest was guaranteed under Article 14 (1) of the Constitution. As such, any by-laws such as the Quarantine Ordinance could not override the rights enshrined in the Constitution, they said.
Even when protests are started in an organised manner maintaining social distancing, the Police come and force the crowds together and then take steps to arrest them, Samagi Jana Balawegaya (SJB) Parliamentarian S.W. Alwathuwala charged.
Meanwhile, the SJB filed three petitions this week before the Supreme Court over the Government’s actions to prohibit protests. The petitions have been filed by parliamentarians Ranjith Madduma Bandara, Harshana Rajakaruna and Mayantha Dissanayake.