Around 12 noon on 24 November, vehicles, including Sampath Perera’s, were moving towards Bambalapitiya along Bauddhaloka Mawatha. They came to a stop at the traffic lights, waiting to turn towards Jawatta Road in front of the National Film Corporation. Suddenly, a Police Jeep with the registration number CAY-0532 manoeuvred through the traffic between the two lanes and reached the front. 

When the victim, Sampath Perera, signalled with a hand gesture indicating the traffic lights, the Police Jeep proceeded.

Upon receiving the green light to proceed towards Jawatta Road, the victim turned his vehicle. However, as soon as he made the turn, the Police Jeep hastily approached and came to a stop before his vehicle, effectively blocking his way.

“The Police officer descended from the Jeep with a revolver in hand, opened my left door, and instructed me to exit the vehicle. I questioned the reason, asking what wrongdoing I had committed. The officer responded with various remarks, asserting that our existence depended on them and questioning why I had gestured with my hand. 

“I clarified that I was signalling to the Police Jeep about the traffic lights, as the two-lane road was congested and lacked space for another vehicle to pass. Unfortunately, I was not given an opportunity to explain further. Instead, he began to threaten me, claiming he knew how to handle the situation if I refused to comply,” the victim explained the incident.

After exiting the vehicle, the victim attempted to present his official identity cards and driving licences to the Police officer, but instead of resolving the situation, he faced further threats. 

Sampath Perera recalled: “The officer said many things, and though I don’t remember the exact words, the entire argument revolved around me signalling about the colour light. There were two other Police officers present, yet neither of them intervened or spoke up during the incident.”

Intimidation instead of protection  

The victim is a lawyer residing in Battaramulla. Notably, he serves as one of the Commissioners of the Office on Missing Persons (OMP). The unfortunate incident occurred while he was en route to the Mount Lavinia Hotel to participate in a workshop organised by the OMP. 

This adds a significant context to the incident, as it involves a professional actively engaged in legal and human rights work, contributing to the work of a governmental body focused on addressing the issue of missing persons.

Perera, being a lawyer, emphasised that when he had attempted to present his identity, the Police officer had adamantly refused to verify it. He described the incident as highly unpleasant, highlighting that throughout the argument, the Police officer had brandished his revolver, using it as a tool of intimidation.

Perera expressed bewilderment over the entire situation, questioning both why his vehicle had been obstructed and why the Police officer had resorted to displaying a firearm to threaten him in broad daylight.

He highlighted that the officer appeared more like a threat akin to a terrorist than someone fulfilling the duty of safeguarding and protecting the public.

Subsequent to the incident, the victim discovered that the Police officer involved was Colombo Crimes Division (CCD) Officer in Charge (OIC) – Organised Crime IP Duminda Jayathilake. 

The victim is currently in the process of submitting official written complaints to the Bar Association of Sri Lanka (BASL), National Police Commission (NPC), and the Human Rights Commission of Sri Lanka (HRCSL).

The victim said that he had already informed both the BASL and the NPC about the incident.

A concerning trend

Perera’s experience highlights a concerning trend where civilians encounter unruly behaviour from Police officers. Unfortunately, he is just one among thousands who have faced similar situations. 

Such instances emphasise the importance of addressing and rectifying issues related to the conduct of law enforcement officers to ensure public trust and maintain the integrity of the Police force. It also highlights the need for systemic reforms and accountability measures within law enforcement agencies to prevent and address such instances of misconduct.

Another incident was revealed involving a resident from Piliyandala, who went through a similar experience several years ago. The fact that she filed a complaint with the then DIG – Traffic Administration and Road Safety and received acknowledgment in the form of an email promising an inquiry, raises concerns about the delayed response. 

The lack of a response or update from the Police regarding the inquiry, even after several years since the incident occurred in 2019, highlights the need for a more efficient and transparent process in handling such complaints.

However, when The Sunday Morning contacted NPC Spokesman P.D Liyanaarachchi, he assured an impartial investigation into the matter and requested the victim to either submit a written complaint or provide a statement to the NPC.

NPC statistics 

The statistics provided by the NPC reveal a concerning number of complaints against Police officers. From 1 January to 30 September, a total of 1,677 complaints were recorded. 

The nature of these complaints varied, with 519 related to inaction by Police, 413 on misuse of power, 309 on partiality, 50 on lodging false complaints, 46 on narcotics-related offences, 26 on assaults, 75 on bribery and corruption, 30 on unlawful detention, eight on harassment, six on violence against women and children, two on death in Police custody, and 193 categorised as other complaints.

However, it’s noteworthy that out of the 1,677 complaints, the NPC had concluded investigations for only 316 cases.

The information from the NPC Progress Report submitted to Parliament at the committee stage of the Budget meeting highlights a concerning trend. It indicates that, relative to the total number of complaints received in 2022, a higher number of complaints have been received by the Public Complaints Investigation Division (PCID) as of 30 September 2023. 

Moreover, a significant portion of these complaints has been directed to the provincial offices of the Western, Southern, and North Western Provinces.

NPC duties 

Article 155G(2) of the Constitution establishes procedures for entertaining and investigating public complaints against Police officers or the Police service, providing redress as per the law. 

The Public Complaints Investigation Division of the National Police Commission, with offices in BMICH premises and nine provincial offices, conducts these investigations. Investigating complaints is a key constitutional duty of the commission. The Director of the Public Complaints Investigation Division oversees the process, reporting to the commission. 

Major incidents are directly investigated by the Secretary or Director (PCID) or a commission-appointed committee. Complaints can be lodged in writing, via email, personal visits, or the hotline number 1960. 

After completing an investigation, the commission takes action against OIC stations and officers of the rank of Assistant Superintendent of Police and above. Actions against Chief Inspectors and below are handled through the Inspector General of Police.

Attempts made by The Sunday Morning to contact the CCD OIC were futile. An official who responded confirmed that IP Dhammika Jayathilake is the OIC – Organised Crime under the CCD.

When questioned by The Sunday Morning, Police Media Spokesman SSP Nihal Thalduwa said that while a Police officer could keep his revolver or firearm in their hand while the officer engaged in conversation, the weapon could not be used to threaten a civilian.

He also noted that an inquiry would be conducted by the Police if the victim had filed a complaint with the Police or if the NPC referred the complaint to the IGP.