30 July 2024 05:45 am Views - 734
The Supreme Court has issued an interim order preventing IGP Tennakoon from functioning in the role of IGP. This move comes amid various parties questioning the legality and appropriateness of his appointment. The government has responded to the determination by quoting the “Supremacy of Legislature over Judiciary.” The Speaker is of the view that Tennakoon’s appointment cannot be challenged in court because it was constitutional and endorsed by the Constitutional Council (CC), a body responsible for ensuring the legality and integrity of such appointments.
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The first Ceylonese IGP Richard Aluvihare
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Is it merely a question of legality, or is it the arrogance of power-drunk politicians? Alternatively, could it be a genuine effort to protect an officer who has declared war against the greatest threat to the younger generation?
History of Ceylon Police
The Dutch established early policing infrastructure in Sri Lanka, setting up three police stations: one at Colombo Fort’s north gate, another near the Fort-Pettah road, and a third near the Cayman Gate in Pettah. Additionally, a Dutch officer’s office in what is now the Supreme Court complex also served as a police station. In 1796, after the English took control of the coastal areas, the army initially maintained law and order. By 1797, the re-established Fiscal Office was tasked with overseeing the police, and British Governor Frederick North assigned this responsibility to magistrates and officers known as “police judges,” marking the start of a more structured approach to policing.
The British Governor sought help from India to reorganise Ceylon’s police service. The Governor of Bombay recommended G.W.R. Campbell, then head of police in Ratnagiri. Appointed Chief Superintendent of Police on September 3, 1866, Campbell’s role was pivotal in reorganising the police force. In 1867, the title was changed to “Inspector General of Police (IGP),” marking the official start of the police service.
Dowbiggin the Controversial IGP
“One of the earliest known gruesome murders in Ceylon was the Attygalle murder in 1906. The ghastly nature of the crime compelled Herbert Dowbiggin, the Superintendent of Police in Colombo to personally handle the investigations.” – History of Ceylon Police, Vol II by A.C. Dep, ex-DIG.
It became evident that the police created two contradictory versions of how the murder was committed on the night of December 5, 1906, and for whose benefit. There were numerous allegations against the police regarding their handling of the investigation and prosecution. Dowbiggin had a personal vendetta against John Kotelawala [Snr] the third accused, an ex-policeman and father of Sir John, the third Prime Minister. Kotelawala had organised the famous carters’ strike early in the same year, ridiculing police higher-ups. He was the brother-in-law of victim Francis Attygalle, whose other two sisters married FR Senanayake and TG Jayewardene, [an uncle of JRJ]. Kotelawala further antagonised law enforcement officers by giving evidence at a commission investigating corrupt police officers, that included European cops, who regularly demanded bribes from carters. He was reprimanded by the prosecution and police, who relied on flimsy evidence to entrap him. They used a web of suspicion and prejudice, hoping the jury members would be swayed by their biases and find him guilty.
Disappointed and depressed
Kotelawala felt disappointed and depressed when he learned, on the fourth day of the trial, after Crown witness Pila had testified. He surmised that he stood little chance of being freed by the all-white jury in a case unfairly constructed to secure a ruling against him. Kotelawala’s conclusion was somewhat justifiable, especially considering the court’s determination to sentence the second accused to the gallows based on legally fragile and insubstantial evidence, despite the layman’s conviction that he was involved.
Kotelawala, was blinded by a feeling of hopelessness, self-loathing, and isolation. In a desperate attempt to escape the unbearable suffering, he found no respite apart from contemplating death. According to Kotelawala’s last letter to his wife, he committed suicide because the police under Dowbiggin hounded him to death. His suicide was not a quasi-confession, but rather a flat denial of any guilt. General public even accused Dowbiggin SP, of poisoning the suspect John Kotalawala in jail.
Despite facing severe allegations, Dowbiggin, who later became Sir Herbert Layard, was appointed the eighth British colonial Inspector General of Police (IGP) of Ceylon at the age of 33. He went on to serve the longest term in the role, holding office for 24 years beginning 1913.
Two years later, IGP Dowbiggin, known for his role as a spin doctor, authorised the use of draconian measures during the riots between Sinhalese Buddhists and Muslim Ceylon Moors in 1915. Acting on Governor Chalmers’ orders, Dowbiggin oversaw the execution of several innocent Temperance leaders, including the summary execution of Henry Pedris, who was court-martialed and shot in a clear miscarriage of justice. He also imprisoned Anagarika Dharmapala and his brothers, Dr. Charles and Edmund Hewavitarne, as well as the Senanayake brothers, D.S. and F.R., and Arthur V. Dias. These actions led the colonial authorities to recall Chalmers to England and replace him with Anderson.
Richard Aluvihare, Civilian IGP Set the Trend
Some political analysts attribute the blame for the politicisation of the police service to Prime Minister SWRD Bandaranaike, criticising his actions as the starting point.
However, it is important to understand that the precedent for such actions was actually set earlier, in 1947. At that time, an outsider, Sir Richard Aluvihare, a friend of D.S. Senanayake and a member of the Ceylon Civil Service, was appointed as the Inspector General of Police. This appointment marked a significant shift and set a precedent for political influence within the police service.
This historical context reveals that appointing outsiders to key positions within the police service was not a practice introduced solely by Prime Minister Bandaranaike. In fact, this approach had been established by previous rulers as well. This insight indicates that the issue of politicization within the police service may have deeper historical roots and a more complex background, rather than being attributed to the actions of just one individual.
Richard Aluvihare, later Sir Richard’s appointment as the Inspector General of Police (IGP) on June 1, 1947, marked a significant moment in Ceylon’s history. As the first Ceylonese IGP, he played a crucial role in transitioning the Police Department from colonial practices to a system more suited to post-independence Sri Lanka. His efforts in shifting the Police Department from the Ministry of Home Affairs to the Ministry of Defence were pivotal in shaping the modern police force in the country.
M.W.F. Abeykoon, the Second Civilian IGP
Prime Minister SWRD Bandaranaike in 1957, was under pressure from extremists forces to appoint outsider, M.W.F. Abeykoon, a Buddhist civil servant, as the Inspector General of Police (IGP) after the premature compulsory retirement of IGP Osmand de Silva. De Silva, who succeeded Aluvihare was his son-in-law, who declined to align with the political authority, leading to his early retirement.
This decision raised concerns among the six DIGs, prompting a conference to explore their options. One option considered was for the entire Executive Corps to resign en masse. They ultimately decided to propose to the Prime Minister that they would prefer to work under Stanley Senanayake, a young SP and the most senior Buddhist officer in the service, rather than an outsider with no police experience. Despite Senanayake being junior to all of them, they felt this arrangement would help maintain the integrity of the service. The Prime Minister was adamant, his decision also sparked an island-wide protest campaign led by all OICs, and supported by Buddhist priests and other nationalist forces. They organised a motorcade starting from Kandy to Kataragama in opposition to the appointment.
Senior DIG (retd) Edward Gunawardene described a different situation. He noted that a crisis had emerged among DIGs C.C. Dissanayake, S.A. Dissanayake, and Sydney de Zoysa, who were all equally senior and competing for the position of IGP. Exploiting this internal conflict, Prime Minister SWRD Bandaranaike appointed his preferred candidate to the position of IGP.
It is important to recognise that these perspectives are based on the personal recollections of Senior DIG (retd) Gamini Gunawardene and Senior DIG (retd) Edward Gunawardene, and may reflect their individual viewpoints and experiences. Both officers confirmed these positions in correspondence with the Sunday Times as well, with Senior DIG (retd) Gamini Gunawardene speaking in Sunday Times Plus, on 28th November, 2010 and Senior DIG (retd) Edward Gunawardene discussed the situation in the Sunday Times dated April 30, 2006.
Ranil transformed the country from the brink of disaster, demonstrating significant political wisdom and a strong sense of international relations. However, his association with the Rajapaksa family and his disregard for the judiciary prevented him from being the perfect choice.
Throughout history, every ruler has been driven by the desire to appoint their favored individuals to high positions within the Public Service. This tendency reflects a common practice among leaders to surround themselves with loyalists and trusted allies, ensuring that key administrative roles are filled by those who are aligned with their own interests and policies. Such appointments often stem from a need to consolidate power and influence, as well as to implement their vision and agenda more effectively. However, this practice can also lead to issues of nepotism and favoritism, impacting the overall efficiency and integrity of the public service.
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