Police excesses revisited

by Ranil Wijayapala

The use of ‘minimal force’ by the Police to disperse protests took centre stage again, this week after the media highlighted the manner Police personnel baton-charged students of the Student Collective for the Protection of Higher National Diploma in Accountancy(HNDA) to disperse protesting students blocking vehicular traffic at Ward Place on Thursday.

Western Province Senior DIG, Pujith Jayasundara

Dhammika Saman Kumara

The magnitude of the incident, though Police said it was merely a protest which they dispersed which prompted Prime Minister Ranil Wickremesinghe, Law and Order and Prison Reforms Minister Tilak Marapone, and Inspector General of Police N.K. Illangakoon to call for reports from the relevant Police officials about the manner in which they acted to disperse the student protestors.

The Police Commission and Human Rights Commission has also commenced inquiries into the incident following the complaints they received regarding the manner in which the Police acted to disperse the protesting students.

The Police and student unions have two different stories to tell, while the media were witness to the entire incident.

The Inter University Students Federation and the Inter University Bhikku Federation joined hands with the Student Collective for the Protection of Higher National Diploma in Accountancy calling for recognition of the HNDA as being equivalent to the Bachelor of Commerce Degree, and several other requests. The protest was held opposite the University Grants Commission(UGC).

Their main demand was to seek recognition for the HNDA with the B-com Degree canceling the circular of the 10/2014 of the Ministry of Public Administration.

Six Police personnel and nine students were hospitalized with injuries after the incident and 39 students were arrested over charges of inconveniencing the public and for causing minor injuries to others. Five female students and two bhikkhus were among the 39 arrested by the Police. The students who were arrested on Thursday were released on personal bail after they were produced in Court on Friday as Police did not object to releasing them on bail.

Inhuman manner

According to student union sources, the students who were hospitalized after the incident were also discharged from hospital yesterday. However, the media has taken up the issue with the student community, human right organizations and the public. Video footage and the photographs of the incident amply reveal the inhuman manner the students were attacked during the protest.

It once again raises concern about the Police, while highlighting issues on organising protests blocking vehicular traffic and inconveniencing the public. The ongoing inquiries should focus on both sides of the story, to ascertain who was responsible and whether the Police acted in a fair manner in dispersing the students.

The highest echelon of the Police in charge of the Colombo area, including Senior DIG Western Province Pujith Jayasundara, Colombo DIG Gamini Mathurata and Colombo Central SSP Champika Siriwardena joined Police Spokesman ASP Ruwan Gunasekara to apprise the media as to why they had to take recourse to such action to disperse the protesting students.

Police claim that the students were in a peaceful protest from the Fort Railway station up to Ward Place, when they reached Ward Place via the CTO junction in the Fort, Pettah, Maradana and Deans Road and added that the students had then protested in a manner t misleading the Police.

These are contradictory reports by the Police and students for the protest turning unruly and the Police dispersing the students. Police claim that they had to take this action to prevent students from storming the UGC building after they were informed that there was no authoritative official at the UGC to have a discussion with them. “We are bound to protect public property”, the Police said.

However, the convenor of the Student Collective for the Protection of Higher National Diploma in Accountancy, Dhammika Saman Kumara said Police officials informed them that they will not be entertained for any discussion, even with the Minister if they remain there for ten days and threatened that they will be beaten if they continue to remain.

“The students pushed the barriers because the tear gas attack came from the rear. There was no other option but to push it”, Saman Kumara told the Sunday Observer.

Secretary to the University Education and Highways D.C. Dissanayake said Ministry officials had discussions with students on October 29 around 10 am with the participation of student representatives and officials regarding the HNDA issue and they were at a meeting with the FUTA at the time the student protest reached the UGC. However, Dhammika Saman Kumara denied any student representatives participating in such a meeting and said only Directors participated in that discussion.

Unruly behaviour

Western Province Senior DIG, Pujith Jayasundara admitted that there was no authorised person at the UGC to talk to the students. “But I personally called the Prime Minister’s Secretary Saman Ekanayaka about this matter and he agreed to have discussions with them. But it was too late by the time I tried to convey that message to the students, the Police had already started dispersing them due to their unruly behaviour”, he added.

However, he said Police intelligence units were inquiring as to how such a large number of students had gathered at that point for the protest, because the HNDA student union does not have such a large number of students.

Lahiru Weerasekara, convenor of the IUSF said students from the IUSF representing Jayewardenepura, Ruhuna, the Aesthetic Universities and Bhikkhu students representing the Inter University Bhikkhu Federation participated in the protest.

“If the Police claim that there were outsiders among the students, let them prove it. But we are aware that there are CIP men in civvies mingling with students during these protests”, he added.

However, baton-charging of students, especiallyfemale students has become a controversial issue. Police denied that they baton-charged female students as published in the newspapers.

“The photographers have taken these pictures to tactically mislead the public. The Police personnel only helped student to march peacefully in the protest,” DIG Champika Siriwardena said.

However, his claim was refuted by a media person at the media briefing. He said he witnessed how the Police assaulted a female student.

Lahiru Weerasekara claimed that the female student was assaulted when she was trying to wash her face in a nearby pond after the Police fired tear gas. He said that some students were assaulted after being chased for nearly 200 metres.

SSP Champika Siriwardena said they had to disperse the students who had blocked three roads in the Town Hall area creating a huge traffic congestion in the city from Wellawatte onwards.

“We had to use minimal force against them as we had to ensure the free flow of traffic. They even blocked an ambulance and doctors going to the hospital and we had to disperse them to clear the roads”, the SSP added.

However, student unions claimed that they had to engage in protests in three places after they were dispersed by the Police opposite the UGC premises as Police had arrested more than 10 students by that time. “We engaged in protests in three places demanding the release of the students who were arrested by the Police during the protest”, the representatives of the student union added.

Police attack

The incident also raises the issue of using minimal force by the Police, and Police Spokesman ASP Ruwan Gunasekara said that there is no clear definition on ‘minimal force’ and even shooting can be categorised as ‘minimal force’ when the Police attempt to arrest a criminal.

“There is no explanation in the law to which part of the body Police have to baton charge when using minimal force to disperse unlawful gathering s such as this”, he added.

However, in most instances it was evident that Police baton charged students and struck them on the head. Some students were bleeding from the head after the Police attack.

Senior DIG Western Province Pujith Jayasundara said that if any wrong had been done by the Police, they will be dealt with.

“If there was something wrong, we are ready to take action against any Police officer. There is no need to record a complaint. There was nothing personal in the attack. The Police had taken steps to maintain law and order and ensure that public property was protected and public life not disturbed”, the DIG said.

Lahiru Weerasekara, the convenor of the IUSF told the Sunday Observer that they will take up this matter with Human Right Organisations and also with Diplomats in the country next week.

The Police Commission said that it had summoned Senior DIG Western Province Pujith Jayasundara tomorrow after discussions with the IGP yesterday morning. The Human Rights Commission will also inquire into the matter to ascertain whether the Police had acted in a fair manner in dispersing the student protest.