Today, the Supreme Court issued an interim order restraining Deshabandu Tennakoon from functioning as the Inspector General of Police until the final determination of nine Fundamental Rights Applications challenging his appointment.
Appoint a new IGP
The Supreme Court has also directed the President to appoint a new IGP while this interim order is in effect.
This order was issued by a three-judge bench comprising Supreme Court judges Yasantha Kodagoda, Achala Wengappuli, and Justice Mahinda Samayawardena after considering nine Fundamental Rights petitions challenging Tennakoon’s appointment due to alleged ineligibility for the position of Inspector General of Police.
Court grants leave to proceed with these petitions
The Court has granted leave to proceed with these petitions.
Among the petitioners were Cardinal His Holiness Malcolm Ranjith, the Young Journalists Association, and other stakeholders, who filed nine fundamental rights petitions seeking to nullify the President’s decision to appoint Deshbandu Tennakoon as the Inspector General of Police.
The petitioners argued that Tennakoon’s nomination by the President for the IGP post did not receive legal approval from the Constituent Council. They pointed out that in the poll held among Council members for the election of the Inspector General of Police, four votes were in favor of Tennakoon, two were against, and two members abstained from voting. The petitioners noted that these two abstentions were effectively votes against the resolution, and criticized the Speaker’s use of his casting vote as unconstitutional.
As a result, the petitioners stated that Tennakoon’s nomination had not been formally approved by the Constituent Assembly, rendering the President’s appointment based on it legally invalid.
President’s Counsels Geoffrey Alagaratnam, Upul Jayasuriya, Shamil Perera, Saliya Pieris, Viran Corea, Suren Fernando, along with Lakshan Dias, Thishya Weragoda, and Vinura Kularatne appeared for the petitioners.
President’s Counsel Romesh de Silva appeared on behalf of IGP Deshabandu Tennakoon, while Additional Solicitor General Nerin Pulle represented the Attorney General.
