Lawyers as Chief Inspectors: BASL warns move will court trouble; suggests alternative
If there is a necessity of lawyers for discharging the functions of the Police Department, a separate legal department could be established to deal with criminal cases in courts of first instance. Such a department should be under the purview of the Attorney General and not under the Inspector General of Police
Opposing the Government's move to recruit 150 lawyers as Chief Inspectors to the Police Department, the Bar Association of Sri Lanka has said if the speedy disposal of cases is the objective of the move, there are many other alternatives.
In a letter to Justice Minister Ali Sabry, BASL President Kalinga Indatissa said the move would not only affect the dignity and independence of lawyers but also their professional ethics if the proposal was to be implemented in the same form. “Lawyers appointed as Chief Inspector are bound to take directions from their superiors. Sometimes these instructions would come into conflict with actual position of the law,” he said.
He pointed out that the Ministry had not informed the BASL which is the main professional body representing the interests of the lawyers regarding the proposals which they learnt only through the media.
The BASL chief also warned of possible adverse consequences if lawyers were recruited as Chief Inspectors. Mr. Indatissa pointed out that this would create anomalies as lawyers were normally recruited as ASPs.
The BASL statement explained that legal matters which were of the subject matter of the Police Department were handled by the Attorney General and State Counsel representing the government. State Counsel prosecute the cases in the High Courts and they also appear in the certain cases in Magistrate's Courts. The Police officers attached to the Police stations prosecute the other cases in Magistrate's Courts.
The statement also underscored the importance of re-assessing the decision of appointing lawyers as Chief Inspectors.
The BASL letter also notes the increased use of new technology and new methods in criminal activities. “To address these issues, it is pertinent to introduce new laws and amend the existing laws.”
The statement also highlighted the deficiencies in the mechanism of adjudicating criminal justice.
Mr. Indatissa said that in most instances, the Police officers baselessly objected to granting of bail rendering the Bail Act irrelevant. He pointed out that the current practice of remanding suspects as a punishment was unacceptable.
He also stated there were undue delays with regard to the Government Analyst, the Questioned Documents Examination and certain other reports and these delays could not be justified. “There are also instances where the lack of minimum facilities creates delays,” he said.
“If there is a necessity of lawyers for discharging the functions of the Police Department, a separate legal department could be established to deal with criminal cases in courts of first instance,” Mr. Indatissa said, adding that such a department should be under the purview of the Attorney General and not under the Inspector General of Police.
“This Criminal Prosecution Units could be a separate service; therefore, separate regulations should be formulated to deal with the promotions and transfers,” if the intention was to expedite the adjudicating of cases, he said.
These units should consist of lawyers, doctors, Government Analyst's Department officials, Examiners of Questioned documents (EQDs) accountants and computer experts. He explained that these units could function under the supervision of the Attorney General and they could prosecute cases only in magistrate's courts.
“Currently graduates are recruited to the Police department as Assistant Superintendents of Police (ASPs) and lawyers should also be recruited as ASPs, if at all,” he argued.
Mr. Indatissa said the BASL was ready to discuss the matter with the Minister.
According to the Justice Ministry, the decision to recruit lawyers as Chief Inspectors has been taken by President Gotabaya Rajapaksa on the request of Justice Minister Sabry to streamline the legal services offered by the Police to the public.
In a statement, the ministry said the lawyers would be recruited to the Police Department through interviews and would be eligible for promotions in accordance with their performances.
In addition, they would also be given special training on law and police service. The Attorney General’s Department, too, had agreed to provide these necessary training, the statement added.
Minister Sabry said the aim of the move was to bring the law closer to the people and to streamline legal activities carried out through the Police Department.
He added that when recruiting, the ability to speak the Tamil language would be considered an added advantage as it could win the confidence of the people who spoke only Tamil. Further, the lawyers would have to be knowledgeable about new technology, he said.