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Monday, 10 August 2015 00:03 - - {{hitsCtrl.values.hits}}
By Himal Kotelawala
The Financial Crimes Investigation (FCID) established in February, this year, to investigate allegations of fraud and corruption is illegal and has no basis in the Police Ordinance under which it was set up, Former Chief Justice Sarath N. Silva said on Friday.
Speaking as part of a discussion panel put together by the National Front for Professionals, Silva said upon inspection of Section 55 of the Police Ordinance, in terms of whose provisions the division was established, it was clear that the Inspector General of Police (IGP) had no mandate to establish the FCID.
According to the Police Ordinance, which was introduced in 1865 in the days of the British, he said, Section 55 only granted the IGP power to grade official residences of police officers.
“In other words, to determine which barracks or quarters were meant for a constable, sergeant, SI or IP. If a police constable took an SI’s quarters, a fine of Rs. 50 would be charged, according to 1865 law. During the days of the British, it was either British officers or Sri Lankan Burghers that held SI positions. If a Sinhala or Tamil police officer were to use quarters meant for an SI, he would be fined. It was under this section that the FCID was formed,” he said.
Section 55 of the Police Ordinance is as follows:
‘The Inspector-General of Police may from time to time, subject always to the approbation of the said Minister, frame orders and regulations for the observance of the police officers who shall be placed under his control as aforesaid, and also for the general government of such persons, as to their places of residence, classification, rank, and particular services, as well as their distribution and inspection, and all such orders and regulations relative to the said police force as he may deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of its duties ; and every police officer who shall neglect or violate any such orders or regulations, or any duty imposed upon him by this or any other enactment, shall be guilty of an offence, and be liable to any fine not exceeding fifty rupees (which fine or any part thereof may be deducted from any salary then or at any time thereafter due to such offender), or to imprisonment with or without hard labour for any period not exceeding one month.’
The former Chief Justice further said that when investigating criminal activities, the standard Code of Criminal Procedure must be followed. This was not the case with the FCID, he charged.
“There is a proper Code of Criminal Procedure, introduced by the British. It is also practiced in India, Bangladesh, Pakistan and other countries. This Code states clearly how a crime should be investigated. A crime is investigated at a police station. There are police stations covering the entire island, and at each of these stations is a police officer, 24 hours a day, who records any complaints received on an information book,” he said.
This book, he said, is maintained under Section 108 of the Code of Criminal Procedure (CCP), and there was no such book with regard to the FCID.
Section 109 specifies how a complaint should be recorded, he further said, adding that the person making the complaint takes full responsibility for the complaint by placing his or her signature on it. If the complaint turns out to be false, a magistrate has the power to fine the complainer, Silva explained.
“This is the only law for criminal investigation. Only the Minister of Defence can set up a police station. This is stated specifically in Section 2 of the CCP. Therefore, the FCID was established going against regulations,” he said.
Section 04 of the Gazette notification issued on 13 February announcing the establishment of the FCID states:
“These complaints are forwarded to the Inspector General of Police for investigation by the Secretariat established by the Cabinet Sub Committee under patronage of the Hon. Prime Minister set up in accordance with the Cabinet decision and, in addition to that, the special complaints are forwarded by the Cabinet Sub Committee directly to the Deputy Inspector General of Police in charge of the Division.”
The Former CJ accused Prime Minister Ranil Wickremesinghe of acting irresponsibly and criticised the IGP N. K. Illangakoon for what he called his subservience.
Silva also dismissed allegations of corruption leveled against certain individuals in the previous regime as being baseless, and said over 890 government officials had been questioned by the FCID forcing 58,000 projects to be halted.
