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By Sandun Jayawardana  

In a statement that will reverberate throughout the country as it prepares for a presidential election, Prime Minister Dinesh Gunawardena informed Parliament on Friday of the government’s refusal to accept the Supreme Court’s interim order preventing the Inspector General of Police (IGP) Deshabandu Tennakoon from functioning in his post.  

The Premier strongly criticised the court’s interim order, adding that the legal procedure to remove the IGP should be by submitting a proposal to Parliament to remove him from his position with the support of a majority of MPs.

Referring to the SC’s suggestion that the President, should he wish, can appoint an Acting IGP during the period the interim order is in effect, Mr. Gunawardena insisted that there is no provision in the existing law for the President to make such an appointment. “There is no legal provision to prevent the IGP from exercising his duties. Therefore, the President cannot make an acting appointment to prevent the IGP from performing his duties.”

He then informed Parliament that Mr Tennakoon still held the post of IGP as the post had not become vacant.

The PM also pointed out that the President had duly appointed the IGP after it received approval from the Constitutional Council (CC). Given that the power of ratification vested with the CC is a legislative function, the courts cannot scrutinise the CC’s functions, he argued. Given that the SC’s interim order is without basis and seemingly illegal, Mr Gunawardena said Parliament cannot accept it. He urged the Speaker to intervene to protect the supremacy of Parliament.

The Premier’s statement drew angry reactions from the opposition, who accused the government of trying to precipitate a constitutional crisis. The Constitution has clearly detailed the separation of powers between the three pillars consisting of the executive, legislature and judiciary, Opposition Leader Sajith Premadasa pointed out. The Constitution also has checks and balances for the three pillars, he added. “Are we to now treat this Constitution as a pointless document? Do we now refuse to accept decisions that go against us and praise only those that come in our favour?”

Prime Minister Dinesh Gunawardena

Mr. Premadasa stressed that the President must accept the SC’s interim order and act in accordance with the Constitution. The opposition leader also alleged that the IGP, after being issued the interim order, had taken to coming to the Defence Ministry in civilian attire and carrying out his duties from there.

State Minister of Defence Premitha Bandara Tennakoon refuted the opposition leader’s allegation, stating that the IGP had not been to the Defence Ministry, either in uniform or in civilian attire.

There is no provision for the CC to appoint an Acting IGP and that power is vested with the President, Sri Lanka Freedom Party (SLFP) MP Dayasiri Jayasekara stated. Mr Jayasekara noted that this was how the President appointed an Acting Attorney General. He urged the Speaker to request the President to do his duty by the Constitution.

Leader of the House Susil Premajayantha said the question was who can make the post of IGP vacant. The SC has given an interim order preventing the IGP from carrying out his duties. “The first question is, whether the post of IGP has become vacant as per the order. If the post has not fallen vacant, the next question is whether an acting appointment can be made.”

Mr Premajayantha said the matter must now go back to the Speaker as head of the CC, who must decide whether to convene the Council again to discuss the next step.

The Prime Minister said in his statement that the CC is part of the legislature. The President however, had come to Parliament on an earlier occasion and argued that it is part of the executive. The government must stop trying to interpret the Constitution to suit its agenda, Sri Lanka Muslim Congress (SLMC) Leader Rauff Hakeem emphasised.

Speaker Mahinda Yapa Abeywardena meanwhile, rejected allegations by the opposition that the crisis had been caused because he took the wrong decision when ratifying the appointment of the IGP. He said the decision to appoint Deshabandu Tennakoon as the IGP was correct, constitutional and taken in good faith.

While the Supreme Court has now given an interim order preventing Mr Tennakoon from functioning as the IGP, the Speaker noted that the Constitution lists specific procedures for the removal of officers whose nomination has been approved by the CC and endorsed by Parliament, including that of the IGP.

Speaker Abeywardena said it seems to him that a situation has now arisen where even the President cannot make a decision on the matter and that if MPs feel this is wrong, it has to be sorted out by taking the matter to the courts.