Sunday Times (Sri Lanka)

Police performanc­e and the missing link in 19A

- By Frank de Silva

Tassie Seneviratn­e's (TS) article in the Sunday Times has directly raised the issue of police performanc­e. More specifical­ly, TS was talking of mal-performanc­e, mis-performanc­e and non-performanc­e of the police due to failure of supervisio­n.

The purpose of this article is to expand on the views of TS that failure of performanc­e is simply failure of supervisio­n. The instances highlighte­d plainly speak to a breakdown of supervisio­n and performanc­e, though each impact closely on the other. Those in the know, agree that for the past 150 years of the Police in this country, supervisio­n and performanc­e went hand in hand. The 17th Amendment split that apart. The supervisor­y line was broken into two, the higher ranks and the lower ranks. The National Police Commission (NPC) controlled the higher ranks; the IGP controlled the lower ranks. Performanc­e fell in between. The minister and the NPC even cross traded allegation­s about police performanc­e. The media reported this prominentl­y and embarrassi­ngly.

The 19th Amendment blindly follows in that same vein, unmindful of the 17th Amendment impasse. Both 17A and 19A, while splitting the structure, deal only with authority, not with responsibi­lity for performanc­e. The Independen­t Commission­s are eager to take on authority but are averse to taking on responsibi­lity.

The law experts will not entertain such a propositio­n with the Army. With the Police, they would!

TS' article points at the stalemate over the split between supervisio­n and performanc­e. Where the law and the constituti­on are ineffectiv­e, the residents of Kopiwatte have themselves to come out in their numbers to agitate against non- performanc­e. Failure of performanc­e is not in such isolated instances; it is an everyday feature. The problem has been continuing, coming down with the two amendments, and will continue.

The draft of the law is from some height - from those who live in a world of their own and are insensitiv­e to the problems on the ground. Hence the standoff.

Plainly, the concerns of TS are immaterial to the law experts. Or else they may move, even now, to consider what best can yet be done. (The writer is a

former IGP)

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