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IGP given 10 days to explain expired tear gas

16 Sep 2022

BY Buddhika Samaraweera   The Right to Information (RTI) Commission ordered the Police to provide the necessary information requested by an inquiry made under the RTI Act, within the course of 10 days starting from Wednesday (14), regarding the alleged use of expired tear gas to disperse protestors in the past few months. It stated that Inspector General of Police (IGP) Chandana D. Wickramaratne will have to be summoned before the Commission if the Police continue to withhold the relevant information. Journalist Tharindu Iranga Jayawardhana and the research team of the Centre for Society and Religion had made a request to the Police under the RTI Act regarding the alleged use of expired tear gas to disperse protests over the past few months. As the Police had refused to provide the relevant information, an appeal had been made to the RTI Commission.  When the appeal was taken up earlier, the Police had agreed to provide information related to the purchase of tear gas from 2010 to 2022, and stated that a file related to the matter had been sent to the RTI Commission with a copy to the information requester. However, when the appeal was taken up again on 14 September, Jayawardhana stated that the Police had provided false and misleading information. He said that although the Police had stated that it had purchased 25,000 tear gas canisters during the relevant period on three occasions, the actual number of occasions and the amount of tear gas purchased by the Police were higher than reported. He also informed the RTI Commission that the Police had hidden the information with regard to the purchase of tear gas in 2012. The RTI Commission, which examined the documents in that regard, queried the Police officials who appeared before the Commission as to why the relevant information was not included. In reply, the Acting Director of the Police Supplies Division, who stated on a previous occasion that all the purchases are made to the Police through the said division, said that the tear gas was not purchased through the said division at that time, and that therefore, the relevant information was unavailable. In addition, the Commanding Officer of the Police Field Force Headquarters had said that information pertaining to the use of tear gas in 2022 is not available at the said headquarters. At this point, the RTI Commission stated that according to the appeal, the RTI Commission had issued summons to the Inspector General of Police (IGP), and not to the relevant divisions, and that it is unacceptable for the officials who appeared before the Commission representing the IGP to say that there was no information in each division. The Commission further stated that it is the responsibility of the Police to procure the relevant information from wherever it is available. If the Police continue to act in this manner, the RTI Commission stated, it would have to summon the IGP before the Commission. The said Commanding Officer stated that the Police Field Force Headquarters does not maintain information related to the use of tear gas in each case, and that it is the relevant Police divisions that have such information. Noting that the information in the possession, control, or custody of a public authority must be provided to the public according to the RTI Act, the RTI Commission stated that all relevant divisions are under the designated officer, the IGP, and that the latter has control over the information. Meanwhile, the Inspector of Police (IP) who appreared before the Commission representing the Police Legal Division said that it would be problematic to release this information, as there are ongoing cases regarding the use of tear gas. In response, the RTI Commission stated that a request for information cannot be rejected on the basis of ongoing cases, and that the public authority must confirm that the disclosure of the relevant information will prejudice the authority and impartiality of the court. As the Police had never expressed such a position in writing, the Commission stated that the said IP's argument could not be accepted. The RTI Commission ordered the Police to release the relevant information within 10 days as agreed, and announced that the appeal would be taken up again on 6 October. The appeal was heard before the Commissioners of the RTI Commission, namely, retired Supreme Court Judge Justice Upaly Abeyrathne (Chairman of the Commission), retired Court of Appeal Judge Justice Rohini Walgama, and Attorneys-at-Law (AALs) Kishali Pinto-Jayawardena and Jagath Liyanaarachchi. The appellant was represented by AALs Suren D. Perera and Manushika Cooray, while a group of officials from the Police Supplies Division, the Police Legal Division, and the Police Human Rights Division appeared for the Police.  


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