Two Pettah businessmen and a Deputy General Manager of the SATHOSA have been arrested and four SATHOSA officials have been interdicted over the Garlic scam that has allegedly taken place at SATHOSA. The two businessmen had been remanded till today (October 5) by the Wattala Magistrate and the Deputy General Manager was released on bail. Investigations conducted so far, have not indicated any connection of any journalist or media institution to the scam.  Then why on earth the Criminal Investigation Department (CID) wanted to question journalists and Editors of certain newspapers over the matter?

Subsequent to the newspapers having carried the story about the scam, the CID had summoned the journalists and Editors, but Prime Minister Mahinda Rajapaksa had intervened and instructed them not to summon the media men. Announcing the PM’s intervention on September 28, Media Minister Dullas Alahapperuma had apologized to the Editors and Journalists over the CID’s action. However, later the CID had questioned some journalists without asking them to be presented at the CID headquarters, and Public Security Minister Sarath Weerasekara had ordered the IGP to inquire into that incident. 

We welcome the Prime Minister’s intervention and the Media Minister’s apology. However, isolated expression of such sentiments would never establish a mechanism or system that would not harass the media unnecessarily. Despite the fact that the Prime Minister might have been prompted by his respect towards media in general or certain media men in particular, his action too indicates the meddling in law and order issues by politicians. We remember a certain minister boasted during the previous Yahapalana regime that he prevented the police from taking a high profile former official into custody. 

Journalists are not above the law of the land; they can be and have to be questioned and can even be arrested if they have breached the law. However, here, it is very clear that the newspapers concerned have not breached the law, but only performed their rightful duty. It has been alleged that some unscrupulous officials at the SATHOSA had sold two container loads of garlic to the Pettah businessmen at a price of Rs. 135 a kg and repurchased the same at Rs. 445 a kg. This, if proven, is a national crime as they had defrauded the people of this country. The journalists had nothing to do with the incident except for reporting it. 

Since this is pertaining to an alleged fraud, definitely there were ‘certain’ elements that would have been hurt by the newspaper report. What puzzles us is, as to why the CID chose to question the journalists when leads have been given to them by those newspaper reports, if they were in dark even by then. 

Besides, it is a well-known fact that the there is a close relationship and understanding among the media and the armed forces as well as the police including the CID. Media rely on the latter for the defence as well as law and order related stories which in turn serve the individual as well as institutional promotional purposes of the law enforcement authorities. Besides, they knew that summoning and subsequent questioning of the journalists would tarnish their image. The only purpose that could be served by the summoning or questioning journalists is intimidating them and preventing them from reporting corruption.

The government’s human rights record including media freedom in the country is under scrutiny these days by two international mechanisms, one is the UNHRC and the other being the European Union. In its resolution adopted in March, the UNHRC among others expressed “serious concern at the trends emerging over the past year, which represent a clear early warning sign of a deteriorating situation of human rights in Sri Lanka including … restrictions on media freedom.” 

Also the UN High Commissioner for Human Rights in her report in March said, she was alarmed that the space for civil society, including independent media, which had widened in recent years, is rapidly shrinking. She urged the authorities to immediately end all forms of surveillance, including intimidating visits by State agents and harassment against human rights defenders, lawyers, and journalists. 

European Parliament on June 10 adopted a resolution based on the UNHRC resolution and the High Commissioner’s report, threatening to withdraw the GSP+ concessions to Sri Lanka. The CID had summoned the journalists one day after an EU delegation commenced their visit to Sri Lanka to see the progress in human rights situation here. We cannot be insensitive to these factors when it comes to media freedom, an inalienable element of human rights.  

What the country needs today is an independent law enforcement machinery and a media free of political or any other pressure and harassment.