Time's up, Pujitha

It’s a name that has religious connotations. Pujith. Translatable as ‘[he who has] received [typically an offering of a religious/ritualistic kind]. A past participle form of the verb give/offer. It usually implies veneration of one kind or another.  

It reminds one of the second verse of the Maha Mangala Sutra: Asevanā ca bālānam, panditānañ ca sevanā; pūjā ca pūjanīyānam, etam mangala muttamam [Not to associate with the foolish, but to associate with the wise, and to honor those worthy of honor -- this is the highest blessing].

 What has Pujith Jayasundara received? Has he been honored and if so is he deserving of honor? 

Pujith Senadhi Bandara Jayasundara is the 34th Inspector-General of Police, Sri Lanka and was appointed as per the recommendation of the Constitutional Council on April 20, 2016. Like most public servants, especially those holding senior positions, Pujith has received bouquets and brickbats over the course of his 33 year career.  The identity and political bent of the particular tosser of bouquets or thrower of brickbats indicates whether he was or is worthy of the particular ‘gift’.  There are of course incontrovertible facts which, when taken together, would no doubt tell us whether Pujith lived up to his name.

In the early stages of his career he was known as a fearless officer and was cheered for not pussyfooting around issues, especially those that had ethnic flavor. Naturally those who believed he sided with them were the cheerleaders, never mind that he was basically following the rule book. In later years Pujith earned a reputation for being an unrelenting campaigner in the war on drug-trafficking. He even earned a ‘punishment transfer’ which usually indicates that the punished had earned the wrath of the punisher for the crime of not toeing the line. Certainly something worthy of salutation; pooja if you wish.  

A good officer is not one who has commendable achievements on his or her curriculum vitae.  An individual is finally judged by overall record. Stellar performance is lauded but it is not a license for sloth, incompetence or abuse of authority at a later date.  

Pujith is not exactly the most popular IGP ever. Popularity is easily purchased of course and it is only one indicator that an individual is kosher in the public perception; the public regularly elect crooks let us not forget. The issue is far more serious.

A few days ago Prime Minister Ranil Wickremesinghe blocked the IGP and five others including the Deputy Minister of Law and Order Nalin Bandara from attending a study tour of Scotland. The reason is that the IGP is currently the subject of a ministerial inquiry.  The subject of the inquiry is an alleged conspiracy to kill President Maithripala Sirisena and former Defence Secretary Gotabaya Rajapaksa. 

That’s serious and that’s not all. Pujith has been in the midst of controversy throughout his tenure as IGP. In December 2016 he was caught on television (no less!) speaking on his mobile phone to someone he addressed as ‘Sir’ and confirming that he had instructed the Financial Crimes Investigations Chief (FCID) to not arrest someone he referred to as “Nilame”. That was out of order, but no action was taken by the Yahapalana Government over this clear violation of ethics and practices associated with the notion of ‘good governance’ and a contravention of the procedures set down by the Police Commission.

President Sirisena, at the time, said he would call for explanation from the IGP, but then again, Puhith has blurted out that he has a check to cash and that the President cannot or will not touch him. 

Leaked video footage has the IGP abusing subordinates including a female office who he threatened to rape, certainly cause for severe disciplinary action. However, it was reported in the website Colombo Telegraph that Pujith had around that time had bragged about ‘impunity’: 

“I am the one who saved President’s son Daham when he and his friends went berserk and smashed the Clique night club and assaulted its staff. The President was not in the country at that time. He was very worried and I took care of that problem for President Sirisena. I obtained all related CCTV footage from all the buildings surrounding the Clique night club including their own CCTV footage. I even advised the Maradana Police Station and to the entire Police force not to proceed with any investigations and not talk to the media. I also arranged for President Sirisena to watch the CCTV footage on his return. 

“Then President himself spoke to all the media heads and begged them not to expose the incident, although bloody Colombo Telegraph had by then exclusively carried the entire episode including video footage of the saga. Several social media copied it and then carried the story. Only one daily newspaper published a story about the incident, but they did not mention Daham Sirisena’s name. They referred to Daham as the son of a VVIP. This is how I managed to hush up the entire incident.

“I not only saved President Sirisena and his son, but I also saved all the Veyangoda gangsters from media exposure who happened to be the President’s relatives” he went on to confess.”Still the Sri Lankan public have no idea about who that VVIP was.”

He’s been abusive to others as well. A few weeks ago, he was caught on camera using foul language on teachers at an event in a school and being disrespectful to members of the clergy. 

All this is put to shade by the allegation that he obtained a bribe of Rs. 12 million from a former principal of Trinity College, Kandy in 2008, according to a complaint received by the Bribery Commission. This was when he was the DIG in charge of the Central Province. Court had ordered the then Principal of Trinity College, Robert Gilbert, to be deported but apparently he had been in hiding in Kandy.  The bribe, according to the complaint, was given in the form of cash check dated August 20, 2008 from Account Number 180837076 maintained at the Kandy Branch of the Hatton National Bank by persons connected to Trinity College.

Perhaps he is correct. He does have a check to cash. Perhaps this is why no action whatsoever has been taken on Pujith by the Police Commission or the President so far. Perhaps this is why, according to reports, he’s been offered the post of Ambassador to South Korea upon retirement.  Sources in the Police Department have said that Pujith has been canvassing for a more plush diplomatic post, i.e. in the USA. Given the track record that is not entirely unbelievable. 

The issue is, how anyone in his or her right mind can even consider rewarding a man with such a sorry track record as IGP any post, diplomatic or otherwise, upon retirement.  The term ‘in cahoots’ comes to mind immediately. What’s this mutual back-scratching about? Who is returning favors and why?  

Anyway, what has Pujith done in terms of the tasks that goes with his post? Has the law and order situation in the country improved? The Deputy Minister says it has, but he’s been pulling numbers from a hat, so to speak. Whatever Pujith delivered in earlier stages of his career in combatting the drug menace, it is clear now that he is reluctant or incapable of doing anything to arrest the situation. 

He did not of course inherit a stellar police force. His work and the work of any successor (and like that of his predecessors) was severely compromised by a culture generated in part by the war years where officers had to operate outside the framework of regular police work. Incompetency was further exacerbated reservists were absorbed into the Police consequent to an election promise. They were neither qualified nor trained.  Indeed in-service training has been another issue that has gone under Pujith’s radar. Not just his, of course. 

Regardless, he could have at least made sure that things didn’t get worse. He failed. The post is now not unlike the proverbial gold chain on a chameleon’s neck.  Pujith is undeserving. It’s a weight too big for him. 

There are obvious questions that those who need to address such issues are not asking themselves: a) Who appointed Pujith and why? b) Why are his many excesses ignored? c) Why is there talk of him being rewarded, regardless? d) Isn’t the law and order situation a concern of such magnitude that this man should be sacked, a better individual appointed and definite steps taken to overhaul the entire Department, from recruitment to training to continuous review of progress and so on?

We are not in the middle of a war. In all civil matters pertaining to peace and security of life and property, the Police Department has a crucial role to play. This Police Department has failed or rather has been made to fail. No ‘gifts’ for answering the question, ‘why?’ In short, we are not blessed. Pujith Jayasundara is not only the most powerful police officer in the country, the post he holds is symbolic of the Department. When such a designation is not worthy or honor and in fact is worthy only of contempt, it is indicative that the entire country and the entire citizenry are debased, humiliated and put at severe risk.

Malinda Seneviratne is a political analyst and freelance writer. He can be reached at malindasenevi@gmail.com. www.malindawords.blogspot.com

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On giving the Grease Devils their due

Among the few JVP posters of the eighties I could identify with was one pertaining to the law.  It was something along the following lines: ‘paalakayini, thopilama thope neethi kadanavaanam, evata avanatha veemata api soodaanam netha!’ Addressed to the rulers, it expressed the view that if the rulers themselves break the rules, then there is no compulsion on the part of the ruled to submit to them. 

There are certain things about the concept of law and order that are timeless.  Of course there are no perfect justice systems and there are no legal systems without loopholes.  There is, then, in addition to clever criminality a political economy of justice.  Still, there is a lot of rhetoric.  I remember a song from Nanda Malini’s at-the-time popular album ‘Pawana’ (The Wind) about justice.  Referring to a man incarcerated for having assaulted a rapist to save the victim, Sunil Ariyaratne pens the following lines:

Thulaava gena neth yuga benda redi kadakin

Neethiye yuwathiya vejabei ada nidukin

This can be translated as ‘The lady of the law, blindfolded though she is, lords over without concern’.  It goes on to say that she stabs men like the one referred to with her sharp sword and vows to kill her instantly for this unpardonable crime. 

The law is supposed to be impartial but countless poems and articles have been written about the blindness-interpretation of this symbol of justice.  Partially blind, in every sense of the word, is what is implied. 

Long years of being besieged by terrorism had made law and justice take proverbial back seats. Special legislation scripted into the justice system numerous caveats that allowed the state to go around the general rules pertaining to the exercise of authority.  The elimination of the terrorist threat has now made it possible for these extraordinary mechanisms to be relaxed in their application.  There is now talk of removing them altogether.  This is good. 

The end of the LTTE did not mean the end of criminality.  These days we hear of a strange creature called the Grease Yaka (Devil) doing the rounds and citizens taking the law into their own hands to deal with people suspected to have violated the law or are thought to be planning to transgress.  The Police has correctly informed the public that being vigilant does not confer any right to prosecute and punish outside the judicial system.  On the other hand, it must be noted that this taking-things-into-our-own-hands trend can very well be a product of the ineffectiveness of the relevant authorities.  Moreover, both the criminality and the counter-transgression can be arguably justified by the numerous lapses of errant element among the rulers. 

They say that not only should justice be done, it must seem to be done.  The principle of proportionate treatment and also that of equality before the law must always be affirmed.  Any sloth or perceived deliberateness in blurring relevant articles can and will be taken as license for anyone to blur and thumb nose at the law. 

Sri Lanka’s judicial system has had its black days, courtesy politicians and law-makers.  It has on occasion shot itself in the proverbial foot.  It has had bad days and forgettable days, but has not, by and large, disgraced itself.    It is nevertheless under a cloud and that cloud has many cloud-makers as fathers, from law-makers, law-enforcers, judges and lawyers to a largely quiescent citizenry. 

The Grease Yaka is not some mentally challenged psychopath or random delinquent with time on his hands, energy to expend and violence to expiate from system.  The Grease Yaka is a slimy creature that prowls all branches of the state, is an honorary member of the corporate world and has the incredible advantage of taking on the garb of Mr or Ms Ordinary Citizen. 

It is easy to pass the buck on the law-maker or the law-enforcer. It is dangerous to assume one is law-maker and enforcer of course, but being responsible about such things include the need to adhere to established procedure, despite its possible flaws, ever agitating for improvement.  The JVP line is valid, but only when all vestiges of decency and efficacy in the instituted mechanism have perished. 

We have seen the principle of equality being blatantly violated, now and before, the difference being only in the matter of degree.  Proportionality has been violated too.  Politicians, law-enforcers, judges, lawyers and citizens have all gone overboard on occasion.  An individual is not a front and demanding decency from most quarters does not necessarily obtain it.  For the most part, the flawed can get away by pointing flaw in the pointer.  This is all the more reason why the pointer needs to correct flaw even as he/she objects to each and every flaw detected in both system and relevant state actor. 

We can’t afford to spread grease all over ourselves and expect an un-greased system to fall from the sky by way of thanks.  We cannot and should not, as citizens, take the law into our hands except under extreme conditions such as those which make insurrection not just legitimate but unavoidable.  We can and should point out error, name names if and when we can substantiate that kind of name-calling. 

It is not easy being a responsible citizen.  It is easy not to be responsible in a largely irresponsible society for one can easily fade into the crowd.  All the more reason why one should resist such temptation. 

[Courtesy Daily News, August 16, 2011]

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