• Seeks to save Govt. from public censure, to rely on manufacturer’s report to local supplier as Govt. Analyst lacks facilities

As a measure for the Government to not face public criticism over tear gas purchases, the Inspector General of Police (IGP) Chandana D. Wickramaratne has recommended that the proposed purchase of 20,000 tear gas shells and grenades be done under the direct contract system as opposed to the current practice of national competitive bidding following advertisements in the newspapers, The Daily Morning learned.

Claiming that the Government may be embarrassed by public criticism if the purchase of 10,000 2-chlorobenzalmalononitrile (CS) shells, the latter a common type of tear gas, and 10,000 CS grenades is done under the national competitive bidding system by advertising in the newspapers, IGP Wickramaratne has recommended to the Public Security Ministry in July 2022, that the said purchase be done through the direct contract system.

The Police had also planned to make arrangements to purchase the said number of CS shells and grenades based on a health report provided by the manufacturing institution to the local supplier as the Government Analyst's Department had informed that it was not able to carry out the relevant tests to ascertain their chemical composition.

In a letter dated 7 July 2023, which was seen by The Daily Morning, Wickramaratne had informed the then Ministry Secretary that the holding of protests, marches, and other forms of demonstrations had increased as never before due to the economic, political and social crises’ situations which prevailed then. Therefore, he had informed that it was essential for the Police to maintain sufficient stocks of CS shells and grenades to control illegal protest demonstrations.

Noting that the Police had last purchased 15,000 CS shells in 2019, and 5,000 CS grenades in 2020, he had said in the letter that most of them had been used to control illegal protests, and distributed to regional and active divisions and 111 Police stations which had been newly opened. "Except for CS shells and grenades which are about to expire, they are about to run out of stock. As a buffer stock, 1,500 CS shells are in the Central Armoury of the Police Field Force Headquarters in Colombo but there are no CS grenades in it," the letter read.

Observing that protest movements based on economic issues and social and political situations may continue for another few years, Wickramaratne had claimed that there was a possibility for public protests to emerge on a larger scale in the future. "In the future, if it is not possible to procure enough CS shells and grenades to disperse the protests that will become illegal, therefore, alternative methods will have to be adopted to disperse them. According to the existing provisions, it is likely for the use of such methods to cause legal problems as well as inconvenience to the Government. Hence, it is essential to buy 10,000 CS shells and 10,000 CS grenades in a very short period of time."

The IGP further said that if the relevant items are to be purchased under the national competitive bidding system, newspaper advertisements will have to be published for the same and the relevant information will then be communicated to the public. "Amid the current economic crisis, there will be a debate in society regarding the cost of such purchases and the Government may be embarrassed. Also, since there is a need to buy these in a very short time, if they are to be bought under the national competitive bidding system, it takes a long time. This should be avoided. Thus, it is observed that it is more efficient to make these purchases from a single source of supply under the direct contract system," the letter read.

Through the letter, Wickramaratne has also recommended that the Police purchase CS shells and grenades through a company located in Maradana, through which the Police had made purchases earlier. It stated that a CS shell can be purchased for $ 9.77 and a grenade for $ 41 (subject to shipping, insurance and Customs charges and the relevant taxes) through the recommended company under the direct contract system. He has submitted the relevant Cabinet paper to the Ministry to make the purchase and to allocate the necessary funds.

Meanwhile, through the Cabinet memorandum dated 25 July 2022, Finance, Economic Stabilisation and National Policies Minister and President Ranil Wickremesinghe had informed that there was no objection to purchasing 10,000 CS shells each at a price of $ 9.77 and 5,000 CS grenades each at $ 41 under the direct contract system, subject to appropriate recommendations from the procurement committees and the technical committees. The said memorandum, which was also seen by The Daily Morning, stated that sufficient provisions had been allocated for the matter in the 2022 Budget estimates.

After that, through the letter dated 28 July 2022, the Cabinet Office had informed the then Secretary of the Ministry of Public Security S. Hettiarachchi that the Cabinet of Ministers had decided to approve the proposals presented by the Public Security Minister regarding the related purchases.

Further, in the letter dated 20 February 2023, sent by the IGP to the incumbent Ministry Secretary regarding the progress of the related procurement, which was seen by The Daily Morning, it is stated that the relevant technical committee, on the basis of the emergency situation and the receipt of Cabinet approval, had recommended the purchase of 10,000 CS shells and 5,000 CS grenades from the relevant company for Rs. 144,227,050 (excluding Value Added Tax). It is also mentioned that since the financial allocation for the year 2023 should be used for this purchase, it is necessary to get the approval of the Cabinet again.

The letter further held that since the Government Analyst's Department had informed that it was not possible to test the chemical composition of CS shells and grenades, and since there was no other institution in Sri Lanka to perform the relevant tests, further arrangements with regard to the purchase of the said items would be made according to the observations of the technical evaluation committee, based on a health report provided by the manufacturing institution which would be provided by the supplier.

In response to that letter, incumbent Secretary to the Ministry of Public Security P.V. Gunathilake, in a letter dated 22 February 2023, has informed IGP Wickramaratne to take further action in this regard based on a health report provided by an independent agency selected by the Police. He has also informed the IGP to draft and submit a Cabinet memorandum, including all the facts, if such a memorandum should be submitted again related to this purchase.

When contacted by The Daily Morning in this regard, Police Media Spokesman, Senior Superintendent of Police and Attorney-at-Law Nihal Thalduwa said that he was not aware of the matter.

A recent report compiled by the Centre for Society and Religion on the usage of tear gas by the Police during the past few years, revealed that the Police had used over Rs. 26 million worth of tear gas grenades and cartridges on 84 occasions between 31 March and 20 July 2022. According to the said report, during this period, the Police had used 6,722 tear gas hand grenades and cartridges, many a time blatantly violating and disregarding safety instructions pertaining to the use of tear gas while the Police had even used expired tear gas, and had attempted to cover up that they had when information was requested in that regard.

Following the reported deaths of several persons due allegedly to tear gas attacks by the Police to disperse protests in the past few months, several parties including the main Parliamentary Opposition, the Samagi Jana Balawegaya and the National People's Power (NPP) have claimed that it is doubtful as to whether the Police has used expired tear gas to disperse the protestors, and also that there is a reasonable doubt as to whether the reported deaths were due to the use of such expired tear gas. Hence, a group of lawyers and activists representing the NPP recently handed over a complaint to Wickramaratne, seeking an investigation into the matter.