The Supreme Court has made a historic decision regarding the 36th Inspector General of Sri Lanka Police, Deshabandu Tennakoon.
The court issued an injunction immediately suspending the Inspector General of Police from performing his duties, causing significant upheaval in the politics and society of Sri Lanka.
In addition, the court has ordered the appointment of an Acting Inspector General of Police to oversee the duties of the suspended Inspector General until the end of the trial.
The Supreme Court issued this order after granting permission to hear 9 fundamental rights petitions submitted by several parties, including His Holiness Malcolm Ranjith Cardinal, requesting the invalidation of the appointment of the Inspector General of Police by the President.
Judge Yasanta Kodagoda, chairperson of the three-judge panel, stated that the petitioners have established a strong case before the court.
The Attorney General, Speaker Mahinda Yapa Abeywardena, and Inspector General of Police Deshabandu Tennakoon have been named respondents in the case.
Petitioners’ contention
The petitioners argue that the Constituent Assembly violated its powers by appointing Mr. Deshabandu Tennakoon.
They noted that only four representatives voted in favour of his appointment, with two against and two abstentions.
The petitioners also pointed out that the Speaker appointed Tennakoon as the Inspector General of Police using a tie-breaking vote, which they claim goes against the Constitution.
As a result, the Supreme Court issued an interim restraining order preventing Tennakoon from assuming the role and adjourned the petition hearing until November 11th.
The biggest problem
The most pressing issue is the upcoming presidential election and the absence of an Inspector General of Police.
Many have questioned whether the election can proceed without an Inspector General of Police. However, historical examples suggest that an Acting Inspector General of Police can be appointed to oversee the election, as in the 2019 presidential election.
Therefore, some argue that appointing an Acting Inspector General of Police would ensure the smooth conduct of the election.
Government’s position
“This court order has severely criticised the government. The government has emphasised that the Inspector General of Police cannot be suddenly removed from duty.
Prime Minister Dinesh Gunawardena, while presenting the government’s stance on this court order to Parliament, highlighted that this decision by the Supreme Court should be reversed.
On the 26th, Prime Minister Dinesh Gunawardena emphasised that the Speaker should intervene in this matter as soon as possible.”
Prime Minister’s comments
“Mr Speaker, this moment in Parliament is crucial for our country and its constitutional regime.
The recent actions of the Inspector General of Police in assisting the Election Commission have raised concerns.
The Supreme Court has temporarily suspended the Inspector General of Police, and a re-hearing is scheduled for November 11th. This is significant as it coincides with the upcoming presidential election.
The Inspector General of Police must prioritise the country’s security and work harmoniously with the Election Commission.
The Constitution guarantees fundamental rights, and upholding the principles outlined in Article 4 and Article 103(2) regarding suffrage and free and fair elections is important.
The issue of appointing an Acting Inspector General of Police also raises concerns, especially with the current President being a presidential candidate. The Speaker must address these issues.”
Opposition leader’s opinion
Opposition leader Sajith Premadasa expressed his views in Parliament regarding the recent developments.
He urged the government to adhere to the interim injunction order issued by the Supreme Court, which bars Inspector General of Police Deshabandhu Tennakoon from carrying out his duties.
Premadasa emphasised that the Supreme Court holds the authority to hear and make decisions on matters about fundamental rights.
He cited Article 41 of the Constitution, which stipulates that the President must seek the approval of the Constituent Assembly for appointments, including that of the Inspector General of Police.
Emphasising the significance of the Supreme Court’s interim decision, he called for the appointment of an Acting or another Inspector General of Police in compliance with the court’s order.
Premadasa cautioned against disregarding the Supreme Court’s decision, warning of potential crisis if arbitrary actions are taken by the government.
He also criticised the reported instance of Inspector General of Police Deshabandhu Tennakoon, who, despite the court’s restraining order, allegedly assumed control of the police force while in civilian attire at the Ministry of Public Security, terming it as improper behaviour.
People hesitate
In the current situation, President Ranil Wickremesinghe has not appointed an Acting Inspector General of Police.
With all activities related to the presidential election underway, the vacancy in the Inspector General position has become a matter of concern.
The Sri Lanka Police are among the most important institutions for safeguarding the independence of the election. Therefore, it’s evident that people are feeling uneasy about this situation.
Can an Acting Inspector General of Police be appointed?
In response to this issue, former Chief Justice Sarath Nanda Silva states that now is the appropriate time to appoint an Acting Inspector General of Police.
He emphasises that it is possible to appoint an Acting Inspector General because the position of Inspector General of Police is not vacant.
The former Chief Justice stresses that an Acting Inspector General can only be appointed when the position is not vacant and should not be done when it is vacant.
Therefore, he insists that an Acting Inspector General of Police should be appointed constitutionally and by the court order to create the necessary conditions for the presidential election.
