Delays in high-profile about nexus between

Detectives complain that interim reports sought by ruling politicos have ended up in the hands of the suspects and their lawyers IGP in deep trouble, reprima and possible probe by Constit but PM defends police chief

In October, President Maithripala Sirisena warned he would take “strong action” if the state investigative arms were found to be working to a political agenda. He was referring to the Criminal Investigation Department (CID) and the Financial Crimes Investigation Division (FCID), both coming under the Inspector General of Police. In addition, he also made reference to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), an autonomous body.

His words echoed in the hall of the Sri Lanka Foundation Institute (SLFI) where he addressed war heroes. His fears appear to have come true.

On Friday (December 2), Police Chief Pujith Jayasundera was on the stage at a police commemoration ceremony at Ratnapura when his mobile phone rang. He rose from his seat, moved away a few feet and began to speak. Here is the text of an audio recording of what he said both in English and Sinhala though the caller’s voice is not on tape.

Jayasundera: Good morning Sir. Is that an urgent matter, Sir?

Yes, Yes, I wanted the Director, FCID to check and come back to me. But yesterday I was late after finishing that commitment.

(I did not receive it). I will get the details and come back to you. Yes, Nilame’s matter. Nilame’s. (Has been told to come. Definitely, there will be no arrest.

(Without asking me and seeking my permission, do not arrest. It is definite Sir. (There will definitely be no arrest).

(It is not like that Sir). Mang (I inquired and found out). It is definite he won’t be arrested. Right Sir. It was an enterprising television reporter who recorded on video Police Chief Jayasundera speaking. Even without the voice of the other person who was calling recorded on tape, it became clear that this unidentified “Sir” was in fact seeking to stall the FCID from the arrest of someone identified as only “Nilame.” The television channel in question aired the tape on Wednesday. Many eyebrows were raised.

As the guessing game went on about the identity of this “Sir,” President Sirisena turned up in Parliament on Thursday. The votes under the financial head of National Dialogue, National Integration and Reconciliation, all coming under Sirisena were discussed at Committee stage. Sirisena had finished making a statement when a

(JVP) MP raised issue. He charged that the Police Chief was “bending the law” when he told a minister over the phone that the FCID would not arrest a “particular Nilame.” Sirisena was to say that he too had seen the television coverage of the matter. He said that the Police Chief ’s conduct was “completely wrong” and added that he would summon him to seek an explanation. Later, Sirisena summoned him and delivered a strong warning. He said he was also ordering an inquiry into the matter. Clearly, Sirisena would have been told by the IGP as to who had called him.

Following up on Sirisena’s response on the same day in Parliament, JVP leader Anura Kumara Dissanayake wanted to know whether the “Sir” in question was Public Safety, Law and Order Minister Sagala Ratnayake. However, he could not be contacted for a response. If the reference was not to Ratnayake, Dissanayake said, he should disown it on the floor of the House. There was no response from the Government benches. The same question was repeated on Friday and a proper response was not forthcoming. Higher Education and Highways Minister Lakshman Kiriella casually dismissed the issue by saying that Dissanayake’s observations were his private view, and that the “Sir” reference could be to “anyone”.

learnt that the reference to “Nilame” was to Dishan Wickremeratne Gunasekera, Basnayake Nilame of the Devinuwara Devalaya, Matara. He was a Director cum CEO of the Mineral Sands Corporation under the previous regime. He is known to be a close relative of former President Mahinda Rajapaksa. FCID detectives said they were now investigating allegations of corruption against Gunasekera. They had asked him to furnish a series of financial statements and the move had sparked rumours that he was to be arrested, these detectives said.

The saga of “Sir” and the “Nilame” came after the ministers had, at their weekly meeting last Tuesday, discussed the issue of arresting state service officers over cases connected with bribery and corruption. This follows the recent questioning of senior Treasury officials serving in different statutory boards and corporations to fulfil a requirement of the law. President Sirisena noted that public officials should not be held responsible just because they were on the directorates of such institutions. He turned to Finance Minister Ravi Karunanayake and declared; “You will have difficulty in getting their co-operation if this kind of thing goes on.” Such situations have made officials turn against the Government. They would also be reluctant to carry out directives for fear of facing questions from the FCID.

The IGP’s phone call episode has laid bare some very unsavoury realities. It makes clear that contrary to the fundamental precept that all are equal before the law, some are more equal. They seem to include alleged wrongdoers who had served the previous regime. The current leadership vowed during the presidential and parliamentary elections to bring them to book. It is now clear that there are strong exceptions too and that raises the all-important question of the much-talked of nexus between ruling political elements and those in the Opposition. Little wonder, some top investigators complain that contents of “interim reports” sought by some ruling politicos ended up in the hands of those under investigation and those looking after their interests. Such documents have even been produced at legal consultations.

This, no doubt, raises issues about the Police Chief himself. Action in respect of some of the important incidents has either been delayed or stalled altogether. One such instance is how the Police tear-gassed wounded war heroes who assembled outside the Presidential Secretariat on November 7. An official Committee was appointed to probe the incident and it made its recommendations known. learnt that the Constitutional Council will summon Police Chief Jayasundera and an investigation is also to be launched by the Police Commission. Not so long ago, the Constitutional Council Chairman, Speaker Karu Jayasuriya, summoned Jayasundera to warn him about his conduct after complaints were made to the former by those at the highest levels.

In Parliament yesterday Speaker Karu Jayasuriya said: “The President spoke about this matter yesterday. The Prime Minister has also spoken. We even met the Chairman of the National Police Commission and discussed it. We will also be meeting the Minister. The Constitutional Council is due to meet next week and we will take a decision on it. There are various allegations. The Prime Minister, the Opposition Leader and even an MP from your party and members of the civil society are on the Constitutional Council. We will take a decision regarding the appointment.”

Responding to the Speaker’s remarks, Prime Minister Ranil Wickremesinghe declared: “I would like to clearly state that if there is any allegation against the IGP then let us know. There is no allegation at the moment. He was simply answering a question he was asked. At the moment, we are having several big strikes. In such a situation, we can’t reduce the powers of the IGP. We need to ensure that the law and order situation does not collapse.

“As such, I will only discuss this matter at the Constitutional Council (CC) if there is a credible allegation against him. Otherwise, I will clearly state that there is no need to take up this matter at the CC. We can resolve it elsewhere. He (IGP) has not stopped investigations into anything. Just because it has been carried in the media does not mean there is a problem with this case. He had stated that the individual would not be arrested on the day that the court case is filed because there are certain documents that are required from this individual. The IGP told me that the next step in the case can only be determined once they scrutinise those documents.”

Premier Wickremesinghe’s position contradicted President Sirisena’s remarks that it was wrong for the IGP to have acted that way. He expressed his regrets in Parliament.

There is no gainsaying that such developments adversely affect the Government. With crime on the rise, the law and order situation less than desirable and more policing required, the hierarchy is embroiled in other issues. More so at a time when there are periodic strikes and protests which have a debilitating effect on the country’s economy – a high priority area. Day-to-day policing to ensure there is law and order on such situations, a Police source said, was being carried out by peripheral heads.

One such high priority area for the Sri Lankan economy is the development of the Hambantota Port. A Concession Agreement between Sri Lanka and China for this purpose is now on its final stages. Prime Minister Ranil Wickremesinghe has directed that the agreement should be executed on or before January 7. The idea was to present it for approval by the Cabinet of Ministers. The status on November 27, according to a position paper from the Ministry of