SC issues Interim Order preventing Deshabandu functioning as IGP

An interim order prohibiting Deshabandu Tennakoon from carrying out his duties as Inspector General of Police (IGP) has been issued by the Supreme Court.

The Supreme Court issued the order after granting leave to proceed for nine Fundamental Rights petitions filed before the Court challenging the appointment of Mr Tennakoon as the IGP. Among those who filed petitions challenging Mr Tennakoon's appointment were Archbishop of Colombo Cardinal Malcolm Ranjith, the Centre for Policy Alternatives, Prof. Savithri Gunasekara and former MP Hirunika Premachandra. 

The petitioners had requested an interim order barring Mr Tennakoon from performing his duties and operating as the IGP.

The interim order preventing Mr Tennakoon from functioning as the IGP will be in effect until the final determination of the petitions. 

In its interim order, the three-judge 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 IGP for the duration of the interim order. 

Court has fixed further hearing into the case for November 11. 

The fundamental rights (FR) petitions challenging the appointment of Tennakoon as IGP were reviewed again today (24).

The Supreme Court concluded its consideration of the FR petitions that had been filed against Mr Tennakoon’s appointment as the IGP on July 18.

In light of this, the court had announced that it will make a determination regarding the petitions’ admissibility for hearing today (24).

Respondents to the petitions include the Attorney General, IGP Tennakoon, the Speaker of Parliament, the members of the Constitutional Council, and several other individuals.

The petitioners contend that Tennakoon disregarded his responsibilities when he served as the Western Province’s Senior Deputy Inspector General of Police (SDIG) during the 2019 Easter attacks and the deliberate attack on the “GotaGoGama” protest site at the Galle Face Green, which resulted in the brutal assault of multiple protesters

They stressed that the position of chief of police, which oversees the nation’s application of the law, ought to be assigned to a person with compassion rather than to someone who disregarded his responsibilities and violated fundamental human rights.

The petitioners further asserted that the Constitutional Council had not appropriately authorized the police chief’s appointment.

The petitioners have therefore requested that the Supreme Court declare the police chief’s appointment to be void.