COLOMBO : At 9.30am on 24th July 2024, having heard all parties in nine petitions challenging the appointment of the Inspector General of Police (IGP) over six days, the Sri Lankan Supreme Court decided that the appointment of the IGP appeared prima facie to be unconstitutional and the decision must be fully reviewed. The Court ordered that until this was resolved Mr. Deshabandu Tennakoon is restrained from functioning in the office of IGP. The Supreme Court also noted that the President may appoint an Acting IGP in the interim. There is no ambiguity about the Supreme Court’s order. If the Supreme Court finally determines that Tennakoon’s appointment was unconstitutional, this would mean that this appointment was not valid. The cases before court relate to the appointment and have nothing to do with removal of the holder from the office of IGP.
As party to all the nine petitions challenging the IGP’s appointment, the President knew that interim orders were sought by Petitioners to restrain Mr. Tennakoon from acting in office. Despite this, following the order being made, the President deliberately failed to act urgently and responsibly to recommend a suitable person to the position of Acting IGP. This delay appears designed to accommodate the announcement of dates for the presidential election. Subsequently having made his deposit to contest in the election, the President has announced that he will not appoint an acting IGP as he states he has been advised that it would purportedly lead to election petitions against him.
The delay on the part of the President in appointing an Acting IGP is in stark contrast with the haste in which he acted to install Deshabandu Tennakoon as IGP just four days prior to when his 3 month appointment as Acting IGP (also being contested in the courts at the time) was due to lapse. The President’s recommendation of Mr. Deshabandu Tennakoon as IGP was made by a letter dated 25th February, and received by the Constitutional Council on 26th February 2024 to be taken up on the same day under ‘any other business’ at the Constitutional Council.
The President by deliberately delaying taking steps to appoint an Acting IGP can be said to be provoking a constitutional crisis that undermines the rule of law and also public security.
On 26th July 2024, the Prime Mignister made an announcement in Parliament on behalf of the government claiming that the interim order by the Supreme Court was not valid in law and that the decision of the Council could not be reversed by the court, and as such that the last holder of the office of IGP will continue to function regardless of the Court order. The Prime Minister further stated that the Supreme Court by making the order had undermined the supremacy of parliament. These statements conflated the Constitutional Council with the Parliament. The public cannot be misled that the Judiciary lacks the power to inspect the decisions of the Constitutional Council, when in fact the Judiciary does. The decisions of the Council are explicitly subject to review (article 41J of the Constitution) while those of Parliament are explicitly not. The position taken by the Prime Minister in his speech on 26th July 2024 had already been put forward as an argument before the Supreme Court, but the Court as the final arbiter of the interpretation of the Constitution, did not see merit to dismiss the cases on that basis. This is also not the first time that the Supreme Court is reviewing a decision of the Constitutional Council.
Any attempt to extend the supremacy of parliament to cover decisions of the Council is an attempt at false equivalency, constitutional confusion and mischief. Furthermore, the Supreme Court has clearly determined that an amendment to remove judicial scrutiny over the Council would be a taking away from citizens their judicial power, and would violate their right to equal protection of the law.
The President and government must cease these tactics of creating confusion, of misleading the public on the law, destabilising democratic process, undermining the Supreme Court and the judicial power of the people, disrespecting the rule of law and signalling tacit intent to wilfully not comply with the law.
We condemn these undemocratic measures and abuse of power by the President and the government.
Recognizing that this abuse of the powers of the Executive is aimed at influencing the outcome of the upcoming Presidential elections, we remind all candidates and our fellow citizens that any Presidential candidate who seeks to violate the clear intent and letter of the constitution and threatens the democratic traditions of this country must be denied our votes. We also note that this abuse of power is simply the latest anti-democratic manifestation of the office of Executive President that has plagued Sri Lankan politics for too long. A genuine candidate who promises to abolish this institution would be worthy of our votes.
Signatures:
Individuals
- A. Ajitha
- Ainslie Joseph
- Amila Udagedara
- Angelica Chandrasekeran
- Angeline Ondaatjie
- Anithra Varia
- Anthony Vinoth
- Anushaya Collure
- Aruni John
- Ashila Dandeniya
- B. Gowthaman
- Balasingham Skanthakumar
- Bryan Nicholas
- Carmen Weerasinghe
- Caryll Tozer – Women’s Rights and Environmental Activist
- Chamila Thushari
- Chaminda Dias
- Chandra Devanarayana
- Chandra Jayaratne
- Channaka Jayasinghe
- Charith De Alwis
- Chintaka Rajapakse
- Chirantha Amerasinghe
- Christopher Stephen
- Damaris Wikramanayake
- Dhanusha Pathirana
- Dr. Arjuna Parakrama – Emeritus Professor University of Peradeniya
- Dr. C.S. Jamunanantha
- Dr. Kalpa Rajapaksha – University of Peradeniya
- Dr. M.G.M. Rizvie
- Dr. Ranil D. Guneratne
- Dr. Ruvan Weerasinghe – University of Colombo
- Dr. S. B. Dhanapala
- Dr. Sakuntala Kadirgamar
- Dr. Upul Wickramasinghe
- Erandi De Alwis
- Faizee Faizer
- Fazaheel Faizer
- Francis Costa Priyankara
- Francis Raajan
- Gihan Jayatilleke
- H.M. Pushpakumara Dharmasiri
- Herman Kumara
- Himangi Jayasundera
- Hussain Shamil Imtiaz Ali
- Imran Rajabdeen
- Indika Dayarathna
- J. Thayalini
- J. Varayalini
- Jayani Abeysekara – Human Rights Defender
- Jayanthi Kuru-Utumpala
- Joanne Senn
- K. Aingkaran, Attorney-at-Law
- K. Hemalatha
- K. Nihal Ahamed
- K. Saththiyaseelan
- Kalani Subasinghe
- Lavina Hasanthi
- Leisha Lawrence
- Lekha N. Ratwatte
- Lionel Peiris – Priest, Church of Ceylon
- M. Nirmalathevi
- Madhubhashini R. Rathnayaka – Activist
- Mahaluxmy Kurushanthan
- Mahendran Thiruvarangan – University of Jaffna
- Mahiman Abeygunawardene
- Mala Liyanage
- Manik Rodrigo
- Mario Gomez
- Marisa de Silva
- Marisa Fernando
- Melani Gunathilaka
- Melani Manel Perera
- Mirak Raheem
- Mohammad Sali Janufa
- N.A. Sampath Pushpakumara, Attorney-at-Law & Human Rights Activist
- N. Arththigan
- Nadeem Lebbe
- Nagulan Nesiah
- Nilshan Fonseka
- Niran Wirasinha – Justice Peace and Reconciliation Desk, Diocese of Colombo
- P. Muthulingam
- P. Pushpalatha
- P. Selvaratnam
- Pamodi Edirisinghe
- Peter Rezel – Chartered Accountant
- Premila Naguleswaran
- Priyalal Sirisena, Attorney-at-Law
- Priyanganie Fernando
- R. Kounthini
- R. Saththiya
- Raaya Gomez, Attorney-at-Law
- Rajany Rajeshwary
- Rajkumar Rajeevkanth
- Ramanathan Mahendra
- Rev. Andrew Devadason – Church of Ceylon, Diocese of Colombo
- Rev. Fr. Jeevantha Peiris
- Rev. Fr. Jeyabalan Croos
- Rev. Fr. Nandana Manatunga
- Rev. Fr. Sarath Iddamalgoda
- Rev. Sr. Deepa Fernando
- Rev. Sr. Nichola Emmanuel
- Rev. Sr. Noel Christine Fernando
- Rhuani Rambukwelle
- Rohini Hensman – Writer and Researcher
- Ruki Fernando
- S. Easwary
- S. Ethayarani
- S. Kopika
- S. Mariyarosalin
- S. Niththika
- S. Suganthi
- S.T. Ganeshalingam
- S. Tharsan
- S. Thileepan
- Sakuna M. Gamage
- Sampath Samarakoon – Editor, Vikalpa
- Sandun Thudugala
- Sanjee Goonetilake
- Sarah Arumugam
- Sarala Emmanuel, Batticaloa
- Saroj Pathirana – Journalist, Sandeshaya by Saroj
- Selvaraja Rajasegar – Editor, Maatram
- Setunga Mudalige
- Shantha D. Pathirana – Human Rights Defender
- Sheila Richards
- Shirani Cooray
- Shreen Saroor
- Shydhah Zaara
- Srinath Perera, Attorney at Law
- Subathra Yogasingham
- Sugath Rajapaksha
- Sunanda Deshapriya – Journalist, Writer and Human Rights Activist
- Tharindu Uduwaragedara
- Thasneema Dahlan
- Thusitha Siriwardana, Attorney-at-Law
- Travice Ondaatjie
- V. Shamini
- Vanie Simon
- Vidura Munasinghe, Attorney-at-Law
- Yasmin Perera
- Zakir Kamil
Organisations
- Alliance for Minorities
- Dabindu Collective
- Future In Our Hands Development Fund
- Human Elevation Organization (HEO)
- Humanity Sri Lanka
- Human Rights Hub (HRH)
- Human Rights Office (HRO), Kandy
- Institute of Social Development (ISD), Katugastota
- International Centre for Ethnic Studies (ICES)
- Law and Society Trust (LST)
- Mannar Women’s Development Federation (MWDF)
- Movement for Land and Agricultural Reform (MONLAR)
- Movement for Plantation Peoples’ Land Rights (MPPLR)
- Movement of Christian Women’s Voice
- Mullaitivu Women’s Development Co-op Society (MWDCS)
- Muslim Women’s Research and Action Forum (MWRAF)
- National Fisheries Solidarity Movement (NAFSO)
- North South Solidarity
- People’s Alliance for Right to Land (PARL)
- Praja Abhilasha Network
- Revolutionary Existence for human Development (RED) Organization, Katunayaka
- Shramabimani Kendraya
- Social Institute for Development of Plantation Sector (SIDPS)
- Social Scientists’ Association (SSA)
- Sri Lanka Democracy Network (SLDN)
- Stand Up Movement Lanka
- Upcountry Civil Society Collective (UCSC)
- Vallamai Movement for Social Change
- Voice of the Plantation People Organization (VOPP)
- Women’s Action Network (WAN)
- Women for Justice and Peace in Sri Lanka
