Committee recommends removal of IGP Deshabandu Tennakoon from post

The Committee which investigated Inspector General of Police Deshabandu Tennakoon on allegations related to a shooting incident in Weligama and abuse of power has unanimously concluded that he is guilty of the allegations brought against him and recommended his removal from the post.

Speaker in Parliament Jagath Wickremaratne made the announcement today that the report had recommended IGP Tennakoon’s removal.

The three-member Committee of Inquiry headed by Supreme Court judge Justice P.P.Surasena was appointed to investigate allegations of misconduct and abuse of power against IGP Tennakoon.

The other members of the committee are Chairman of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) Justice W.M.N.P. Iddawala and Chairman, National Police Commission Lalith Ekanayake.

The Speaker is now required  to place the finding in the form of a resolution in the Order Paper of Parliament for the removal IGP Tennakoon was under suspension.

Under the provisions once the resolution is debated in accordance with the Standing Orders of Parliament and passed by a majority of MPs voting in favor of such resolution, the holder of office to whom such resolution relates is required to be forthwith be removed from office by the President.

A resolution to appoint the Committee of Inquiry for the removal of Deshabandu Tennakoon from his position as IGP due to alleged misconduct and abuse of power was passed in Parliament on April 08.

The Resolution provided for the appointment of the Committee of Inquiry in terms of Section 5 of the Removal of Officers (Procedure) Act, No. 5 of 2002 following which the three-member committee was appointed by the Speaker with the concurrence of the Prime Minister and the Leader of the Opposition.

The resolution handed over to the Speaker to Parliament to appoint the Committee was signed by 115 NPP MPs and was passed unanimously by the House on April 8.

Mr. Tennakoon was served a charge sheet containing 22 charges and he appeared before the Committee on May 18.  The 22 charges he faces include the shooting near the W15 Hotel in Weligama on December 31, 2023, and the death of an officer from the Colombo Crime Division in the shootout there as well as an assault at the aragalaya protest site at Galle Face Green on May 9, 2022. He also faces a charge of evading summons to appear before court in relation to the Weligama shooting incident.

Overall Mr. Tennakoon faces charges of acts of misconduct and/or acts of gross abuse of power by which he has brought the office of the Inspector-General of Police of the country and the Police Department to disrepute and thereby committed an act unbecoming of the IGP which amounts to an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002 thus making him unsuitable to hold office as the IGP.

Mr.Tennakoon denies any wrongdoing.

The Removal of Officers (Procedure) Act, No. 5 of 2002 lays out the procedure for the removal of holders of the Office of the Attorney – General and the  Inspector - General of Police. The grounds of removal of persons holding such office include being unfit to continue in office by reason of ill health or physical or mental infirmity, being convicted of an offence involving moral turpitude, treason or bribery; being found guilty of misconduct or corruption; being found guilty of gross abuse of power of his office; being found guilty of gross neglect of duty; being found guilty of gross partiality in office, or ceasing to be a citizen of Sri Lanka.

This is the first time the law enacted in 2022 is being used for the removal of a person holding office of either the AG or IGP.

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FOLLOWING IS THE NOTICE OF MOTION WHICH WAS PRESENTED IN MARCH TO PARLIAMENT

Notice for the Resolution to appoint a Committee of Inquiry in terms of Section 5 of the Removal of Officers (Procedure) Act, No. 5 of 2002, to remove the Inspector-General of Police, Mr. T.M.W. Deshabandu Tennakoon from the office of the Inspector-General of Police for misconduct and gross abuse of power of his office in terms of Sections 3(d) and 3(e) read with Section 5 of the said Act,— whereas, the Inspector-General of Police, Mr. T.M.W. Deshabandu Tennakoon (hereinafter referred to as Deshabandu Tennakoon) at one point of time functioned as the Senior Deputy Inspector-General of Police of the Western Province;

(5)whereas, the said Deshabandu Tennakoon was then appointed as the Acting Inspector- General of Police on or about 21-11-2023 by the former President; whereas, the said Deshabandu Tennakoon was thereafter appointed as the Inspector-General of Police with effect from 26-02-2024 by the former President claiming that the Constitutional Council has approved his appointment as the Inspector-General of Police; whereas, several citizen have challenged the said appointment of Deshabandu Tennakoon as the Inspector-General of Police in nine Fundamental Rights Petitions bearing Nos: SC FR 67/2024, SC FR 68/2024, SC FR 71/2024, SC FR 72/2024, SC FR 75/2024, SC FR 79/2024, SC FR 80/2024, SC FR 82/2024 and SC FR 84/2024 in the Supreme Court;

whereas, upon consideration of the totality of the material placed before it, the Supreme Court by its Order dated 24-07-2024 has decided to grant Leave to Proceed to the Petitioners of the afore- mentioned Fundamental Rights Petitions under Article 12(1) of the Constitution on the basis that the aforesaid Petitioners have made out a strong prima facie case on the question of the Constitutionality of the appointment of the said Deshabandu Tennakoon as the Inspector-General of Police, which the Supreme Court by the said Order held to be suggestive of the said appointment being contrary to the applicable provisions of the Constitution;

whereas, upon a consideration of the said strong prima facie case presented by the afore- mentioned Petitioners, the Supreme Court has also decided to make an Interim Order restraining the said Deshabandu Tennakoon from exercising the powers, functions and responsibilities of the office of the Inspector-General of Police, to be valid until the final determination of those Cases;

whereas, pursuant to the said Order of the Supreme Court, the President has subsequently appointed an Acting Inspector-General of Police to exercise the powers, functions and responsibilities of the office of the Inspector-General of Police;

Whereas, it has now come to light that the said Deshabandu Tennakoon is a person unfit to hold the office of the Inspector-General of Police as he has engaged himself in incidents of misconduct and gross abuse of power of his office, the particulars of which are more fully set out below:—

1. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, illegally caused an armed team of Police officers belonging to the Colombo Crime Division consisting of eight members namely Chief Inspector Anslem De Silva, Inspector Mahesh Ruwan Dunusinghe, Inspector Jagath Nishantha, Sub Inspector Roshan Madhuranga, Police Sergeant 69480 Prasantha Kumara, Police Sergeant 57241 Maningamuwa Gedera Upul Chaminda Kumara, Police Constable 2204 Supun Priyashan, Police Constable Driver 89728 Duleep Gihan Piyatissa to be sent to Pelena, Weligama in a surreptitious manner and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

2. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, illegally caused an armed team of Police officers belonging to the Colombo Crime Division consisting of eight members namely Chief Inspector Anslem De Silva, Inspector Mahesh Ruwan Dunusinghe, Inspector Jagath Nishantha, Sub Inspector Roshan Madhuranga, Police Sergeant 69480 Prasantha Kumara, Police Sergeant 57241 Maningamuwa Gedera Upul Chaminda Kumara, Police Constable 2204 Supun Priyashan, Police Constable Driver 89728 Duleep Gihan Piyatissa to be sent to Pelena, Weligama in a surreptitious manner and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

3. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, illegally caused the said armed team of Police officers belonging to the Colombo Crime Division consisting of eight members to use the Vehicle No: WP PK 7225 belonging to the Police, to go to Pelena, Weligama in a surreptitious manner to facilitate their engagement in an illegal activity or crime, namely to open fire at W 15 Hotel at Pelena, Weligama in a surreptitious manner and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

4. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, illegally caused the said armed team of Police officers belonging to the Colombo Crime Division consisting of eight members to use the Vehicle No: WP PK 7225 belonging to the Police, to go to Pelena, Weligama in a surreptitious manner to facilitate their engagement in an illegal activity or crime, namely, to open fire at W 15 Hotel at Pelena, Weligama in a surreptitious manner and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

5. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, illegally caused the said armed team of Police officers belonging to the Colombo Crime Division consisting of eight members to engage in an illegal activity or crime, namely, to open fire at W 15 Hotel at Pelena, Weligama in a surreptitious manner and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

6. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, illegally caused the said armed team of Police officers belonging to the Colombo Crime Division consisting of eight members to engage in an illegal activity or crime, namely, to open fire at W 15 Hotel at Pelena, Weligama in a surreptitious manner and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

7. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, knowing very well that the said armed team of Police officers belonging to the Colombo Crime Division consisting of eight members had engaged in an illegal activity or crime, namely, opening fire at W 15 Hotel at Pelena, Weligama in a surreptitious manner has failed to take any action in that regard and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

8. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, knowing very well that the said armed team of Police officers belonging to the Colombo Crime Division consisting of eight members had engaged in an illegal activity or crime, namely, opening fire at W 15 Hotel at Pelena, Weligama in a surreptitious manner has failed to take any action in that regard and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

9. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police, knowing very well that two of the said armed team of Police officers belonging to the Colombo Crime Division, namely Police Sergeant 57241 Maningamuwa Gedera Upul Chaminda Kumara and Sub Inspector Roshan Madhuranga had received gun-shot injuries in the course of engaging in the aforesaid illegal activity or crime at Pelena, Weligama, has failed to take any action in that regard and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

10. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector- General of Police, knowing very well that two armed Police officers belonging to the Colombo Crime Division, namely Police Sergeant 57241 Maningamuwa Gedera Upul Chaminda Kumara and Sub Inspector Roshan Madhuranga, had received gun-shot injuries in the course of engaging in the aforesaid illegal activity or crime at Pelena, Weligama, has failed to take any action in that regard and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

11. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector- General of Police, knowing very well that two armed Police officers belonging to the Colombo Crime Division, namely Police Sergeant 57241 Maningamuwa Gedera Upul,

12. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and as the Acting Inspector-General of Police, knowing very well that two armed Police officers belonging to the Colombo Crime Division, namely Police Sergeant 57241 Maningamuwa Gedera Upul Chaminda Kumara and Sub Inspector Roshan Madhuranga had received gun-shot injuries in the course of engaging in the aforesaid illegal activity or crime at Pelena, Weligama, has instructed the other members of the said armed team of Police officers to surreptitiously return to Colombo without the injured being taken to the nearest hospital and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

13. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector- General of Police, conspired with the other members of the said armed team of Police officers belonging to the Colombo Crime Division and facilitated their engagement in an illegal activity or crime, namely, to open fire at W 15 Hotel at Pelena, Weligama by aiding and abetting them and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

14. whereas, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector- General of Police of the Western Province and Acting Inspector-General of Police conspired with the other members of the said armed team of Police officers belonging to the Colombo Crime Division and facilitated their engagement in an illegal activity or crime, namely to open fire at W 15 Hotel at Pelena, Weligama by aiding and abetting them and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

15. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector- General of Police, conspired with the other members of the said armed team of Police officers belonging to the Colombo Crime Division and facilitated their engagement in an illegal activity or crime, namely, by aiding and abetting them to go to Pelena, Weligama and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

16. whereas, on or about 30-12-2023, the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province and Acting Inspector-General of Police conspired with the other members of the said armed team of Police officers belonging to the Colombo Crime Division and facilitated their engagement in an illegal activity or crime namely, by aiding and abetting them to go to Pelena, Weligama and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

17. whereas, during the period from 27-02-2025 to 19-03-2025, the said Deshabandu Tennakoon being the Inspector-General of Police went into hiding by disobeying the Orders made by the Hon. Magistrate of Matara in Case No. B R 6314/2023 on 27-02-2025 and the other orders incidental thereto including the issuance of warrants in that case, and thereby committed an act unbecoming and unsuitable to the office of the Inspector- General of Police which amounts to an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

18. whereas, during the period from 27-02-2025 to 19-03-2025, the said Deshabandu Tennakoon being the Inspector-General of Police went into hiding by disobeying the Orders made by the Hon. Magistrate of Matara in Case No. B R 6314/2023 on 27-02-2025 and the other orders incidental thereto including the issuance of warrants in that case, and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

19. whereas, during the period from 27-02-2025, to 19-03-2025, the said Deshabandu Tennakoon being the Inspector-General of Police evaded arrest and failed to corporate with the Orders made by the Hon. Magistrate of Matara in Case No. B R 6314/2023 on 27-02-2025 and the other orders incidental thereto including the issuance of warrants made from time to time by the Hon. Magistrate of Matara in that Case, and remained in hiding undermining the due process of law; tarnished the image and the reputation of the Police Department, which is the very institution entrusted with the task of upholding the rule of law, justice and law enforcement; caused the erosion of the public confidence in the Police Department and the administration of judicial system as a whole and thereby committed an act unbecoming and unsuitable to the office of the Inspector-General of Police which amounts to an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

20. whereas, on 09-05-2022 the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province had failed or omitted to act to prevent the commission of offences punishable under Sections 314, 316, 343, and 300 of the Penal Code by certain other persons namely: Liyanarachchige Nishantha Mendis, Suduwadewage Subash Jayashantha Fernando, Sinhara Amal Pushpakumara de Silva, Vithana Pathiranage Milan Sajith Jayathilaka, Kurugamage Sanath Nishantha Perera, Liyanage Abeyratne Suresh Priyasath alias Dan Priyasath, Wannakuwaduge Samanlal Fernando, Gamlath Jayantha Rohana, Liyanage Geethaka Perera, JayamannaKankanamlage Bandula Wijekumara, Pushpalal Kumarasiri, Amithananda Abeywickrema, Kompannage Mini Prashanthi Fonseka alias Welle Ramani, Asanka Nayaka Wijesinghealias Satha Nalaka alias Arabi Wasantha, Kespalage Don Aruna Priyashantha, Ajantha Liyanage, Goniyamalige Supemsiri Aponso, Samarakkodi Jayalath Wasantha Sarojini Jayalath alias Handapangoda, Thelge Ariyadasa Peiris, Keerigama Pamunuwage Narendra Dulip Fernando, Kahandagamage Mahindaratne, Nishantha Chamin Upatissa Jayasinghe, Jhonston Fernando, Kuruppuarachchige Don Sajith Saranga, Ranabahu Mudiyanselage Thusitha Sampath Nanayakkara, Horanage Pradeep Shriyantha Fernando, Liyanage Shanaka Antony Fernando, Mahawattage Priyanath Mackenzy Fernando, Babina Hannadige Gayan Pushpakumara Peiris, Kapuwattagedera Prageeth Sujeewa Bandara, Kuruppu

Mudiyanselage Lalith Udesh Madhubhanu, all being suspects in MC Fort Case No. B 22046/2022 and thereby committed an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

21. whereas, on 09-05-2022 the said Deshabandu Tennakoon in his capacity as the Senior Deputy Inspector-General of Police of the Western Province had failed or omitted to act to prevent the commission of offences punishable under Sections 314, 316, 343, and 300 of the Penal Code by certain other persons namely:  Liyanarachchige Nishantha Mendis, Suduwadewage Subash Jayashantha Fernando, Sinhara Amal Pushpakumara de Silva, Vithana Pathiranage Milan Sajith Jayathilaka, Kurugamage Sanath Nishantha Perera, Liyanage Abeyratne Suresh Priyasath alias Dan Priyasath, Wannakuwaduge Samanlal Fernando, Gamlath Jayantha Rohana, Liyanage Geethaka Perera, Jayamanna Kankanamlage Bandula Wijekumara, Pushpalal Kumarasiri, Amithananda Abeywickrema, Kompannage Mini Prashanthi Fonseka alias Welle Ramani, Asanka Nayaka Wijesinghe alias Satha Nalaka alias Arabi Wasantha, Kespalage Don Aruna Priyashantha, Ajantha Liyanage, Goniyamalige Supemsiri Aponso, Samarakkodi Jayalath Wasantha Sarojini Jayalath alias Handapangoda, Thelge Ariyadasa Peiris, Keerigama Pamunuwage Narendra Dulip Fernando, Kahandagamage Mahindaratne, Nishantha Chamin Upatissa Jayasinghe, Jhonston Fernando, Kuruppuarachchige Don Sajith Saranga, Ranabahu Mudiyanselage Thusitha Sampath Nanayakkara, Horanage Pradeep Shriyantha Fernando, Liyanage Shanaka Antony Fernando, Mahawattage Priyanath Mackenzy Fernando, Babina Hannadige Gayan Pushpakumara Peiris, Kapuwattagedera Prageeth Sujeewa Bandara, Kuruppu Mudiyanselage Lalith Udesh Madhubhanu, all being suspects in MC Fort Case No. B 22046/2022 and thereby committed a gross abuse of power of his office in terms of Section 3(e) of the Removal of Officers (Procedure) Act, No. 5 of 2002;

22. whereas, the said Deshabandu Tennakoon, while holding the office as the Inspector- General of Police of the country, which is entrusted with the duty of maintaining law and order of the whole country, has, by committing one or more of the aforesaid acts of misconduct and/or acts of gross abuse of power brought the office of the Inspector-General of Police of the country and the Police Department to disrepute and thereby committed an act unbecoming of the Inspector-General of Police which amounts to an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002; and

23. whereas, the said Deshabandu Tennakoon while holding the office as the Inspector-General of Police of the country being charged with extensive powers of varied nature, by committing one or more of the aforesaid acts of misconduct and/or acts of gross abuse of power did fall short of the high standard expected of a person who holds office as the Inspector-General of Police of the country and therefore has become unsuitable to hold office as the Inspector-General of Police of the country which has amounted to an act of misconduct in terms of Section 3(d) of the Removal of Officers (Procedure) Act, No. 5 of 2002,

And whereas, in order to fulfill the obligations imposed on the Members of Parliament by the Constitution, to safeguard the independence and integrity of the overall system of administration of justice; to safeguard the trust of the people of this Country have reposed in the Office of the Inspector- General of Police and the Police Department as one of the primary law enforcement agencies which is entrusted with the task of the creation and preservation of a just and free society, this Parliament resolves that a Committee of Inquiry be appointed in terms of Section 5 of the Removal of Officers (Procedure) Act, No. 5 of 2002, to inquire and report its findings in respect  of the aforesaid acts of misconduct and/or acts of gross abuse of power.