Sri Lanka's Inspector General of Police Deshabandu Tennakoon, whose appointment was tainted with controversy, has been forced to step away from performing his duties as the Inspector General of Police, following a Supreme Court decision to hear nine Fundamental Petitions that have been filed against him and his appointment to the post.
Sri Lanka's Supreme Court made the announcement on Wednesday by issuing an interim order restraining Tennakoon from functioning as the Inspector General of Police. The order will be effective until the final determination of these nine Fundamental Rights Applications.
The order was issued by a three-judge bench which comprised Justice Yasantha Kodagoda, Justice Achala Wengappuli, and Justice Mahinda Samayawardena. The Court further granted leave to proceed with these petitions. The petitioners argue that Tennakoon's appointment, as recommended by the President, contravenes fundamental rights enshrined in the Constitution. Some of the other petitions, level accusations directed at Deshabandu over his lapses in respect of the Easter Sunday carnage, and the May 2022 incidents at the ‘Gotagogama’ protest site.
Petitions were filed by Cardinal Malcolm Ranjith, victims of Easter Sunday Attacks, Samagi Jana Balawegaya MP Mujirbur Rahuman, truth and Justice Lawyers’ Association, and several civil society organizations.
Geoffrey Alagaratnam PC, Upul Jayasuriya PC, Shamil Perera PC, Saliya Pieris PC, Viran Corea PC, Senior Counsel Suren Fernando, Lakshan Dias, Thishya Weragoda, and Vinura Kularatne appeared for the petitioners. Romesh de Silva PC appeared for IGP Deshabandu Tennakoon. Senior Additional Solicitor General Nerin Pulle appeared for the Attorney General.
Sri Lanka’s president Ranil Wickremesinghe however has defended his controversial appointment of Deshabandu Tennakoon as the head of the island’s police force and claimed that the Constitutional Council “is part of the Executive,” in a demonstration of his apparent willingness to consolidate power in the president’s office.
In a communique released by his office, it was stated that the President must perform his constitutional duties such as the appointment of the IGP and any “restraint placed on the president in the performance of this duty would be in contravention of the Constitution.”
Tennakoon is presently the Acting IGP, a position which became vacant with the departure of C.D. Wickremarathne. Since taking over last year, Tennakoon has initiated the “Yukthiya” an operation assisted by the military in an attempt to crack down on crime and drug trafficking. The operation has come under fire from UN experts as well as diplomatic missions in Sri Lanka, for several reasons including arbitrary arrest unlawful detention and allegations of torture. More recently he told a gathering to spy on each other to ensure that extremism and terrorism do not take root. There are also several court cases against Tennakoon, including a case before the Supreme Court by victims of the Easter Sunday bombing, seeking an order restraining Tennakoon from accepting any appointments as Acting IGP.
He stands accused of an array of crimes from issuing death threats to journalists, to covering up abductions and even having extrajudicial executions carried out under his watch.
On December 14, 2023, Sri Lanka’s Supreme Court issued a rare ruling that found Tennakoon had personally tortured a man at the Mirihana Police Station in 2011.
According to the judgement, Tennakoon had personally visited the persons detained in a “torture chamber” for a “brief session of torture”. The court also noted an affidavit from a victim that Tennakoon had “beat the Petitioner with a ‘three-wheel rubber band’ after stripping him naked and ordering him to rub Siddhalepa on his genitalia”.
Read more on Tennakoon’s history of crimes by Ruki Fernando on Groundviews here.
See the full Supreme Court Judgement here.
