“Justice
must be tempered with mercy”
By
M.S.A. Rahim
In January 1972, I assumed duties as O.I.C., Crimes, Peradeniya
Police. By August that year I won the praise of the Buddhist clergy
of the surrounding areas - temples, their "Dayaka Sabhas"
and the general public, not only by promptly recovering stolen items,
but also by bringing before Mr. P. Edussuriya, the then Kandy Magistrate
(now a S.C. Judge), a notorious and elusive criminal of Pilimathalawa.
It was no easy task to get this 1971 hardcore insurgent to accept
his guilt in a record of 30 (known in Police parlance as) 'accused
unknown cases', 16 of which were temple burglaries in the Peradeniya
area alone.
After a double
murder case, I stumbled on another strange bicycle theft case in
the Peradeniya Campus. This case needed extreme care, caution, compassion,
and humanitarian considerations, true to the spirit of that famous
saying "Justice must be tempered with mercy".
It happened
one morning in August that year, when I was on duty at the Peradeniya
Police Crime Desk, a final year engineering student in the company
of three other students, complained to me that after his morning
lectures, he found his almost new push bicycle missing. All his
efforts to find it or obtain any clue had proved futile. That was
the first such case reported from the campus.
The complainant
did not suspect anyone though he was certain the bicycle had been
stolen. With a Police team, we went to the scene of the crime and
made our observations. On my return I kept a watch on the movements
of the campus staff but got no clue. Then it occurred to me to check
on all the nearby railway stations on the possibility of the stolen
bicycle being sent by goods train to an addressee at another destination.
This exercise though tiresome and costly (I had done a long mileage
by Land Rover in checking on all the intermediate stations from
Peradeniya to Kurunegala to Alawwa) paid rich dividends for at Alawwa
Railway Station I found the stolen bicycle consigned to an addressee
at Pothuhera.
Promptly my
team and I made a beeline to Pothuhera Railway Station and after
checking the registers, obtained the particulars of the person who
had taken charge of the bicycle. We reached the place around 1.00
a.m. - less than twelve hours after the complaint was made. It was
with some difficulty we located the house on a hilltop. The suspect
- a 50-year-old cultivator was there with his family, quite unruffled
but curious at the arrival of the Police. He admitted having taken
delivery of the bicycle sent for his younger son by his older son
- then a final year medical student at the Peradeniya Campus with
just two more months to complete his course.
When I explained
the serious consequences of the case, the cultivator and family
broke down imploring me to save them and their son who was to be
their breadwinner soon. On realizing that they were victims of circumstances,
I was greatly moved by their pathetic plight, yet in a quandary
as to how to help them. When they had regained their composure,
I took the cultivator into custody, back to the Peradeniya Police,
arriving there around six the following morning. The suspect's younger
son also came with me. Being the father of a dental student myself,
my mind was deeply engrossed on how best I could help them without
recourse to the legal process.
After leaving
the man and the bicycle at the Police Station, I left for the Campus
to meet the suspect medical student. He at first brazenly denied
the charge but when I explained to him that his father and the bicycle
were already in my custody, his false bravado changed to penitence
and he appealed to me not to make this matter public.
When I went in uniform to the Campus to bring the medical student
concerned to Peradeniya Police Station, the other students started
hooting, heckling and calling me names. But when they realized that
their fellow student's fate was in the balance, they quickly adopted
a more respectful and apologetic attitude appealing to me to save
their colleague. I returned to Peradeniya Police with the medical
student. On meeting his father and brother, all three broke down
in tears.
Leaving them
there I went to the Campus again to meet the engineering student.
As I broke the good news of having arrested the suspect and recovered
the stolen bicycle, he was so elated that he instantly embraced
me and complimented me on a job well done. At the Peradeniya Police,
he identified the bicycle and the medical student. By then more
than 200 students from both faculties had gathered at the Peradeniya
Police Station premises.
I asked the
engineering student whether he would like to help his fellow student
now that his lost bicycle had been recovered. At first he declined,
asking me to proceed with the case but when I explained to him that
there was a lacuna in the law, perhaps out of sympathy for the suspect
medical student and his family, he made a fresh statement that on
the same evening of the day he made the earlier complaint, when
he was walking around the campus pond, he noticed a bicycle handle
above the water level. On retrieving it, he discovered it was his
lost bicycle.
Accordingly
this statement was recorded, and the medical student was warned
against a repetition, and both parties left the place much relieved.
All of them cheered me for saving their fellow student. When my
Superior Officer checked my mileage register, he found fault with
me for doing 170 miles to recover a stolen bicycle but when he heard
the full circumstances of the case and how we helped a final year
medical student with just two more months to pass out, and give
of his best to the country, he was pleased.
I had done that
in good faith and that medical student must be now a Senior Consultant
somewhere, though I could not keep a record of the two students'
names.
The facts of the case, however, were reported to Courts as usual.
The writer is a retd. Chief Inspector of Police.
A
gift of books
By Ishani Ranasinghe
The reintroduction of the English medium in schools has brought
with it a fresh realization of the need for books in English. When
Bandula Chandraratne, better known as the author of 'Mirage' visited
his old school, Kirillawella Maha Vidyalaya, last year, he was struck
by the fact that the library had only 50 books.
Since then,
Mr. Chandraratne has been a man with a mission. Having lived in
England for the past 35 years, on his return, he got his daughter
to collect some books and ship them to Sri Lanka. Seeing how successful
it was, he now wants to keep on collecting books for Sri Lanka where
the need is great.
He is aware
that each year in Europe millions of books are pulped. "There
is a surplus of books there and people just throw them away."
After seeing his appeal in the papers, universities, libraries,
schools and individuals contacted him and offered books to him.
"I was able to collect a large quantity of books," says
Mr. Chandraratne who even gets books from recycling plants. Driving
long distances to collect the books, he then hires a vehicle and
drives to London from where the books are shipped to Sri Lanka.
Since last
September, he has sent two shipments with over 12,000 books to Sri
Lanka. Here, a team of library personnel working on a voluntary
basis (even on precious weekend spare time) handles the distribution
of the books. Ms. Nalini Wijayanayaka, a professional librarian
along with Ms. Janaki Fernando, Ms. Kamalambika, Mrs. L. Andradi,
Mr. Y. G. Samarasinghe and Mr. L. P. Peris, heads the team. They
are also assisted by Army personnel.
"There
is quite a demand for these books," said Ms. Wijenayaka. Once
the books are received they have to categorize them into broad subjects
such as science, literature, languages etc. and select and make
sets in keeping with the requests. A tedious process, but one that
is worth all the hard work, she says. So far she has had many requests
for books from places like the Sri Jayawardenapura University, the
Ragama teaching hospital, schools and even Montessoris.
There is a
great need for English books in libraries as most of the time library
budgets are very limited. "In this context I feel this is a
good opportunity for the librarians to develop their collection,"
she said, adding that unfortunately so far very few librarians have
availed themselves of this opportunity.
When distributing,
priority is given to libraries, she says. "Students are advised
to send their requests through the Principal or the Librarian so
that many are benefited rather than one individual," she says.
Realizing that
the demand for these books is high Mr. Chandraratne believes that
there must be a continuous supply of books. "It's an ongoing
thing but I can't do it alone," he says. The last shipment
cost him around Rs. one lakh.
Mr. Chandraratne
envisages a scheme where those interested could sponsor a box for
the shipments. "There are more than a thousand books stored
in my house and more to come. A box would cost about Rs. 9000/-
and it can hold about 500-600 books. I don't want to be dealing
with money," he says adding he feels it is best if the sponsors
pay a shipping company of their choice directly. The business community
here can be a great asset in this project, he feels.
Ms. Wijenayaka
also points out that they need a place in Colombo to store the books
before they are distributed. "This will make it easier and
quicker." This project has also gone a step further. Mr. Chandraratne
has also had a few European companies coming forward to donate used
computers as well. "They are not really high-tech but they
are good enough for general use," he says, adding that the
donors would like them to go to schools. |