The law is supreme

Law and justice should apply to all, regardless of their social or political standing. This is the framework on which modern democracy is based. This is most noticeable in mature democracies, where everyone is subjected to the same laws and no one questions the use of such laws by law enforcement agencies.

If memory serves me right, the Australian Prime Minister was once fined for speeding. Cherie Blair, wife of then British Prime Minister Tony Blair had to pay a fine for travelling an extended distance on the Tube without a valid ticket. Blair's 15-year-old son had to spend the night in a police cell for binge drinking. The two (under 21) daughters of the then US President George W Bush were arrested for drinking. There are numerous other such examples from developed democracies. This is just one reason why these countries have reached such standards of discipline, democracy and development. Social stature and political influence do not obviously count in these countries where the law is supreme and applies to all.

Our track record in this regard has not been so commendable. Politics has invaded every sphere of society that most people cannot act independently without political backing. The public service, including law enforcement agencies, has been highly politicized.

Public officers simply do not dare to act without fear or favour lest they earn some politician's wrath. The Police Department has been politicized over several decades. Some politicians directly interfere with the work of the police. Depoliticization and independence of the police are essential to ensure the integrity of the service.

Will a police officer here dare to write a ticket for a politician of whatever hue for breaking road laws? Will a junior policeman stop a senior policeman for running a red light? Highly unlikely. It is only the ordinary motorist with no 'connections' who ultimately pays the fine or even goes to jail. This is an unfortunate situation indeed. If the law applied to all, both these should be normal events.

Worse still, some personnel have used their official capacities and powers to sidestep the law, as highlighted by two recent events. The abduction of Nipuna Ramanayake and the deaths under suspicious circumstances of two youths from Angulana are indications of this malaise.

The Police must always follow the rule of law. There are certain legal procedures that should be followed when questioning or arresting suspects.

The main principle here is that all suspects should be treated as innocent until they are proven guilty in and by a Court of Law. That is a function of the judiciary, not the Police. Even a hardcore criminal has the right to legal recourse and representation.

The authorities must be commended for taking swift legal action against the parties involved in both incidents. Anything less would have eroded public confidence in the rule of law and justice. It is a good start. What should be done, and done immediately, is to re-emphasize that the law is supreme and applies to all in equal measure.

In this context, all right thinking citizens will wholeheartedly agree with the sentiments expressed by President Mahinda Rajapaksa that "no one should be above the law and the Government is not prepared to protect anybody who is trying to transcend the legal framework of the country".

The other ingredient, apart from respecting the rule of law, is discipline.

We have said in these columns earlier that a nation that lacks discipline cannot develop. Discipline on the road, in the workplace and at home is essential. President Rajapaksa has aptly touched on this issue as well: "Those who lack self-discipline should not be in the service of either the police or Armed Forces. One or two undisciplined persons even in the police could put the country into disrepute. Discipline should be maintained in all institutions." A few bad eggs must not be allowed to sully the reputation of the Police.

The Police are not above the law. They are the very guardians of the law and should set an example to the rest of the society by upholding it. The majority of police personnel are hardworking and law-abiding. The Police should weed out those who give a bad name to their noble service. A clean police service is the need of the hour.

As the President pointed out, our Armed Forces and the Police earned plaudits for their discipline and ethical conduct during the humanitarian operation which liberated the North and the East from the clutches of terrorism. This must be maintained at all costs and those who go against these noble principles should have no place in the Government service.

Apart from misuse of power and indiscipline, the other menace which plagues the Police and indeed, the entire public service, is corruption. Most motorists prefer to reach an 'understanding' with traffic police personnel rather than pay a hefty fine. Drug lords, crime bosses and kasippu mudalalis are known to have close links with police figures. This too has affected the public perception of the Police. The IGP and senior police officers must strive to eliminate corrupt elements from the service.

I stand to be corrected, but I do not know whether the Sri Lanka Police service has an 'Internal Affairs' division. Most elite Police Forces worldwide have such a division. It is much like an audit service, but instead of financial irregularities, it probes the conduct of personnel within a given organisation. It is ideally an impartial, almost autonomous body within the organisation in question. It works like an intelligence arm, probing the wrongdoings and other illegal activities of personnel. The Police needs such an internal mechanism if it already does not have one. It should be answerable only to the IGP and the Defence Minister.

This will help them nab errant elements within the service who tarnish its reputation.

Sri Lankans lived with the spectre of terrorism for three decades. This was an extraordinary situation which called for extraordinary responses. Some aspects of terrorism could not be dealt with under the normal laws of the land. This is why successive Governments introduced the Emergency Regulations and several other laws to contain terrorism.

These tough measures have been necessary and certain liberties too had to be reluctantly restricted for the greatest good of the greatest number. The public had to comply with certain security measures such as ID checks, checkpoints etc.

Many such measures have been introduced even in Western countries which preach human rights to the developing nations, in the wake of terrorist threats.

While terrorism has been eliminated, there could still be elements within the LTTE and outside who wish to destabilise the country. Certain measures introduced to contain terrorism will thus have to continue for a number of years but they are likely to be relaxed gradually. In the meantime, this does not mean that such powers can be misused for personal gain by anyone.

Such laws exist to protect the people, not to infringe on their rights. This message must be driven home to the guardians of law and order.

The Police, essentially a civilian force, was stretched to the maximum during the past few decades, as it too had to be actively involved in the fight against terrorism. It had to protect public installations and bolster security in the main cities. A large number of policemen made the Supreme Sacrifice to defend the Nation.

With the eradication of terrorism, the Police should focus more attention on what they do best: fighting crime and vice at village and national level. They will also be called to shoulder the great responsibility of establishing civilian law and order norms in the liberated North.

The Police cannot discharge its onerous responsibilities in this regard without public cooperation. The Police must maintain an extremely cordial relationship with the public. It should avoid any incidents that mar this link, such as the Angulana deaths.

This should start when a person walks into a Police station to lodge a complaint. He or she should feel at ease and the officers should be courteous. It is public cooperation and vigilance that helped the Security Forces and the Police to win the battle against terror.

Likewise, public cooperation is vital for fighting the underworld and other perpetrators of vice. The Police is much older than the three Armed Forces and in day-to-day life, much closer to the people. It should remain that way. The Police should establish a hotline for public complaints regarding their service and probe them where necessary to evolve a better service to the people.