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Let’s help police curb election violence
By Asif Fuard
Despite claims by some that it was not illegal to display posters and cut-outs within private premises even after nominations day, the Presidential Elections Act states quite the contrary.

An author of several legal publications, Police Deputy Inspector General Gunasena Thenabadu said most of the posters displayed outside private premises were removed because they were identified as election propaganda and an offence where the police could take necessary action without a magistrate’s warrant.

“These laws were first defined in the penal code and later included in the Presidential Elections Act of 1981. People say the police have no right to search any premises or take any action without a warrant from a magistrate. But removing cut-outs and posters, arresting those pasting posters after the nomination day and seizing vehicles engaged in election violations are stipulated in the election act”, DIG Thenabadu said.

“The police can also raid printing presses if election law violations occur. When posters and other literature are printed, the name and address of the printer should be indicated. When parties hold election rallies only that particular area can be decorated”, he said.

“In ensuring a free and fare election no one is allowed to campaign in support of any candidate within a radius of half a kilometre of a polling station. Transporting people to vote is also illegal. The police have the right to shoot anyone who tries to illegally remove ballot boxes”, the DIG said.

“To help the police better handle election related situations for the upcoming presidential election this year, the police higher training institute trained 540 police officers including Inspectors and ASPs”, he said. “The ultimate authority during the election period is the Elections Commissioner. He is empowered to formulate regulations with regard to the election and all law enforcement authorities are bound by his decisions. In India the Indian Election Commissioner has overwhelming power. If he wants he can even remove the OIC’s of area police stations. But in Sri Lanka this is not so”, DIG Thenabadu said.

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