News
President to seek SC ruling on CC vote
View(s):- He also considers challenging court’s power to remove official approved by the council
By Ranjith Padmasiri
President Ranil Wickremesinghe is to seek an interpretation from the Supreme Court on whether an abstention or absence by a member of the Constitutional Council (CC) during a vote on approving a nominee submitted by the President amounts to a vote cast in favour or against the proposal.
Government sources said the President is also considering seeking the Supreme Court’s opinion on whether the court has the power under the Constitution to remove an official whose nomination has been approved by the CC.
The President has decided to seek the Supreme Court’s opinion using powers vested with him under the Constitution after a three-judge Supreme Court bench issued an interim order preventing Inspector General of Police (IGP) Deshabandu Tennakoon from functioning in his post.
Sources added the President is moving to seek the court’s opinion given that there are no clear legal provisions on whether a CC member’s abstention or absence during a vote amounts to a supportive or dissenting vote.
This means that the Supreme Court will be called upon to provide a clear interpretation on the functioning of Articles 41C (3) and 41G of the Constitution. Article 41C (3) deals with the removal of officials appointed following approval by the CC, while 41(G) specifies the powers and duties of the CC.
The President’s request to the Supreme Court on the matter will be drafted on the advice of the Attorney General and will thereafter be submitted to the nation’s top court.
The Supreme Court issued the interim order on Wednesday preventing Mr. Tennakoon from functioning as the IGP after considering nine fundamental rights petitions filed challenging the constitutionality of his appointment. The petitioners included Colombo’s Archbishop Malcolm Cardinal Ranjith, the Centre for Policy Alternatives, Prof. Savithri Gunasekara and former parliamentarian Hirunika Premachandra.
In its interim order given on Wednesday, a three-judge Supreme Court bench comprising Justices Yasantha Kodagoda, Achala Wengappuli and Mahinda Samayawardhena stated that on the question of the constitutionality of the appointment of Mr. Tennakoon as the IGP, the petitioners “have made a strong prima facie case suggestive of the said appointment being contrary to the applicable provisions of the Constitution.”
The court added that in view of the interim order preventing Mr. Tennakoon from functioning as the IGP, the President “may, should he wish to, consider making an appointment in terms of the law for a suitable person to be appointed to act in the post of Inspector General of Police for the duration of the operation of the aforesaid interim order.”
The court granted all respondents six weeks to file objections should they wish to and fixed further hearings for November 11, 2024. The interim order preventing Mr. Tennakoon from functioning as the IGP will be in effect till that date.
The government, however, informed Parliament on Friday that it was not prepared to accept the Supreme Court’s interim order. Making a statement on behalf of the government, Prime Minister Dinesh Gunawardena said there is no legal provision to prevent the IGP from functioning in his post.
As such, the President cannot, as per the Supreme Court’s suggestion, make an acting appointment to prevent the IGP from performing his duties, Mr. Gunawardena insisted. He added that the IGP can only be removed through a resolution submitted to Parliament and passed with the support of a majority of MPs.
The Premier added that the former IGP continues to function as the IGP as the position has not fallen vacant.
The Bar Association of Sri Lanka (BASL), meanwhile, issued a statement yesterday strongly condemning what it called government efforts to “subvert the course of justice” in relation to the Supreme Court’s interim order on the IGP.
“The claim that the Supreme Court does not have power to call into question appointments made by the President which are approved by the Constitutional Council is, in the view of the BASL, totally untenable,” the statement added.
The best way to say that you found the home of your dreams is by finding it on Hitad.lk. We have listings for apartments for sale or rent in Sri Lanka, no matter what locale you're looking for! Whether you live in Colombo, Galle, Kandy, Matara, Jaffna and more - we've got them all!