“… police officer’s loyalty…: to no mother’s son, but to law of the land”

Charge of the Light Brigade 

“Half a league, half a league, All in the valley of Death; Rode the six hundred.
‘Forward, the Light Brigade! Charge for the guns!’ he said:

Into the valley of Death”- Lord Tennyson 
Tennyson narrated in poetic genre the true story of failed military action of British cavalry led by Lord Cardigan against Russian forces during the Battle of Balaclava on October 25, 1854. A brigade consisting of 600 soldiers on horseback was dispatched into the “Valley of Death” by obeying a foolish command. The mid 19th century tragedy was re-enacted in Sri Lanka in 1990, sacrificing 626 policemen to Veluppillai Prabhakaran. Hands tied to their backs and blindfolded, 300 men in each batch were forced to lie face down in a lines, before machine gun bullets pierced the back of their skulls.

  Minister Hameed was mediating between Prabhakaran and government. The latter requested that all Policemen in the Batticaloa and Ampara districts should surrender to LTTE, while the government was trying to bring the stubborn guerrillas to the negotiating table. No confrontation, just Surrender was the direct orders IGP Ernest Perera received from President in June 1990. The IGP had to carry out a bloody disastrous trail for over 600 of his junior officers risking their lives. 

On June 11, 1990, 626 Policemen from the Akkaraipatru, Kalmunai, Sammanthurai Vellaveli, Valaichenai, Kalawanchikudi, Eravur and Pottuvil Police Stations in the East [Ivan Boteju, Assistant Superintendent of Police in Ampara, protested to obey the orders saying they would be tormented and killed by LTTE], finally had to abide by the order and walk out from the eight Stations into the hands of regional LTTE leaders who took them to Thirukkovil jungles and butchered them in a most shameful and brutal manner. 

However, there were two survivors, one Tennekoon Bandara, a PC, who managed to runaway and submerge himself in a lake; the other Abdul Najimudeen, a sergeant, a missed target, who was courageous enough to pretend dead, but got up escaped into a nearby farm, where he received refuge and basic medical care. 

Lawful and illegal orders… 

Excerpt from--‘Politics of Sri Lanka’–TDSA Dissanayake: Vol. III.pgs 315-317 [author, the son of CC Dissanayake DIG, described his eye witness account of events of Coup ‘62]…

‘…Stanley had reminded that it was Dissanayake himself who had trained him as a young ASP, not to carry out an illegal order. “Sir, May I now reiterate what I told you at Galle Face this morning, when for the first time you asked me to join your coup? Please Sir, I cannot carry out an illegal order issued by you, although I admire you greatly”, said  Stanley Senanayake, the Senior Superintendent of police, who saluted his boss CC Dissanayake DIG before he bid good-bye at Longdon Place.’ 

On June 11, 1990, Police Stations in Batticaloa and Ampara were encircled by LTTE cadres who ordered the policemen to surrender arms and leave the Stations. The cop’s effort to obtain military support failed, as Inspector General of Police [President Premadasa had IGP flown to Batticaloa with precise orders to direct the combating policemen to surrender to LTTE cadres] issued an illegal order to Amparai SP to stop fighting, and to surrender to the LTTE. Premadasa who allegedly supplied arms and ammunition to LTTE to “fight with world’s 4th largest Army”, commenced discussion with Prabhakaran to decide on the future relations immediately after IPKF left the shores of Lanka.  He felt that a reasonable settlement with Prabha was pertinent than the lives of 600 Policemen.  The army top brass remained silent in spite of great humiliation. President and his main trouble shooter Minister Hameed still believed the LTTE would remain in the peace process. They were so immature as to believe that a negotiated settlement could still be achieved even after the LTTE had massacred the policemen. It was revealed at the LLRC, that Vinayagamurthi Muralitharan [Karuna who later became a state minister, was the commanding officer for LTTE in the East] had been involved in the slaughter. Karuna, denied his participation in the killing and said that he had been in Jaffna at the time.   

President Premadasa directed the army to collaborate with the LTTE! The LTTE massacred a group of soldiers in Kallady soon after Indian withdrawal of troops. 

Politicians who were keen to take political mileage blundered by sacrificing the lives of the defenders of the nation—an unprecedented tragedy in our history. LTTE delegates led by Yogi, dressed in combat uniform and carrying weapons, were flown by Air Force from Vanni jungles to Colombo in February 1990 for peace talks. While the terrorist were murdering Police in the East, their leaders were enjoying the five star luxury at Hilton Hotel, thanks to the then Government, with Special Task Force of the Police providing security to them.

No government that came to power since the disaster, made any attempt to investigate the tragedy. JR, Premadasa, CBK, and Ranil were playing ball with the terrorists. No leader, who ruled the country since 1990, made any attempt to expose the “mastermind” or was concerned about the wellbeing of the families of 626 heroes who were forced to surrender, instead of facing the enemy courageously. 

“To whom is a police officer’s loyalty due? To no mother’s son; but to the law of the land”--Fred Brohier: Director, Police Training [1950s] Ref.-S/T:Plus-1/05/2011
Gen. Cyril Ranatunga, the JR loyalist who was the Security Advisor to President Premadasa, in a piece titled,  “Negotiating peace in Sri Lanka: The role of the military” [published in  UK in 1998] found fault with Premadasa for his unsuccessful approach, alleging that he wasn’t consulted and for being too generous to Prabhakaran.  

According to International Humanitarian Law a subordinate is bound not to obey patently to an illegal order that they knew were illegal. “The general rule is that members of the armed forces are required to obey only the lawful orders of the commanding officer and they cannot get away from criminal liability by obeying a command which breach international law and offend basic concepts of justice.” -- Hostage Case (United States v. Wilhelm List et al., Trials of War Criminals).
The slaying of 626 unarmed Sri Lankan Policemen on June 11, 1990, uncovered the ineptness of the 1987 Indo-Lanka Peace Accord as well. 

If a policeman receives an illegal order, from a superior police officer, or political authority, it is his responsibility to decline to oblige. All arrests are not legal. The moment an offence is lodged in a station, the police rush to arrest the suspect. Is that the correct legal position? Lord Denning observed in Ghani vs. Jones (1970)1 Q.B. 693 (709): “A man’s liberty of movement is regarded so highly by the law of England that it is not to be hindered or prevented except on the surest ground.” Arrest and confinement of a person can cause incalculable harm to self-esteem of a person. 

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