On July 24, 2024, the Supreme Court of Sri Lanka issued a significant interim order regarding the contentious appointment of Deshabandu Tennakoon as Inspector General of Police (IGP). This decision came after a series of petitions challenged the constitutionality and appropriateness of his appointment by the President.
The cases were initiated by eight organizations and individuals, including His Eminence Malcolm Cardinal Ranjith, Dr. Paikiasothy Saravanamuttu, Executive Director of the Centre for Policy Alternatives (CPA) the Young Journalists’ Association, and Niroshan Padukka of Samagi Jana Balawegaya, challenging Tennakoon’s appointment made on February 26, 2024.
The petitions argued that the appointment violated Article 41C of the 1978 Constitution of Sri Lanka, which stipulates that such an appointment by the President requires approval from the Constitutional Council with at least five votes in favour. The Leader of the Opposition had alleged that the Constitutional Council did not meet this requirement. Reports indicated that the council was divided, with four members voting in favour, two against, and two abstaining. The Speaker of Parliament, Mahinda Yapa Abeywardena, controversially used his casting vote to break the tie, a move now under judicial scrutiny.
The petitioners argued the procedural improprieties and Tennakoon’s unsuitability for the role. They highlighted a Supreme Court judgment (SC FR 107/2011) that found Tennakoon guilty of torture, violating fundamental rights guaranteed under Articles 11, 12(1), 13(1), and 13(2) of the Constitution. Additionally, they cited his alleged failure to perform duties during the 2019 Easter attacks and the violent crackdown on protesters at GotaGoGama in May 2022.
The petition attracted wide support, and the UN High Commissioner for Human Rights, Volter Turk, also raised concerns about Tennakoon’s appointment despite the serious allegations against him.
In its order, the Supreme Court recognized the strong prima facie case presented by the petitioners and granted leave to proceed against the Attorney General, the Speaker, and Tennakoon. The court issued an interim order restraining Tennakoon from functioning as IGP until the conclusion of the case, allowing the President to appoint an acting IGP in the interim.
The order was delivered by a bench of Supreme Court judges comprising Yasantha Kodagoda, Mahinda Samayawardhena, and Achala Wengappuli.
On behalf of the petitioners, Attorneys-at-Law Suren Fernando, President’s Counsel Shamil Perera, President’s Counsel Saliya Peiris, President’s Counsel Viran Corea, President’s Counsel Upul Jayasuriya, and Attorney-at-Law Tishya Weragoda, among others, presented their arguments before the court.
