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 be 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 Mr. Tennakoon’s
appointment was unconstitutional, this would mean that this appointment was not
valid. The cases before the court relate to the appointment and have nothing to do with
the removal of the holder from the office of IGP.
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.
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 Minister 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
1. A. Ajitha
2. Ainslie Joseph
3. Amila Udagedara
4. Angelica Chandrasekeran
5. Angeline Ondaatjie
6. Anithra Varia
7. Anthony Vinoth
8. Anushaya Collure
9. Aruni John
10.Ashila Dandeniya
11. B. Gowthaman
12.Balasingham Skanthakumar
13.Bryan Nicholas
14.Carmen Weerasinghe
15.Caryll Tozer – Women’s Rights and Environmental Activist
16.Chamila Thushari
17.Chaminda Dias
18.Chandra Devanarayana
19.Chandra Jayaratne
20.Channaka Jayasinghe
21.Charith De Alwis
22.Chintaka Rajapakse
23.Chirantha Amerasinghe
24.Christopher Stephen
25.Damaris Wikramanayake
26.Dhanusha Pathirana
27.Dr. Arjuna Parakrama – Emeritus Professor University of Peradeniya
28.Dr. C.S. Jamunanantha
29.Dr. Kalpa Rajapaksha – University of Peradeniya
30.Dr. M.G.M. Rizvie
31.Dr. Ranil D. Guneratne
32.Dr. Ruvan Weerasinghe – University of Colombo
33.Dr. S. B. Dhanapala
34.Dr. Sakuntala Kadirgamar
35.Dr. Upul Wickramasinghe
36.Erandi De Alwis
37.Faizee Faizer
38.Fazaheel Faizer
39.Francis Costa Priyankara
40.Francis Raajan
41.Gihan Jayatilleke
42.H.M. Pushpakumara Dharmasiri
43.Herman Kumara
44.Himangi Jayasundera
45.Hussain Shamil Imtiaz Ali
46.Imran Rajabdeen
47.Indika Dayarathna
48.J. Thayalini
49.J. Varayalini
50.Jayani Abeysekara – Human Rights Defender
51.Jayanthi Kuru-Utumpala
52.Joanne Senn
53.K. Aingkaran, Attorney-at-Law
54.K. Hemalatha
55.K. Nihal Ahamed
56.K. Saththiyaseelan
57.Kalani Subasinghe
58.Lavina Hasanthi
59.Leisha Lawrence
60.Lekha N. Ratwatte
61.Lionel Peiris – Priest, Church of Ceylon
62.M. Nirmalathevi
63.Madhubhashini R. Rathnayaka – Activist
64.Mahaluxmy Kurushanthan
65.Mahendran Thiruvarangan – University of Jaffna
66.Mahiman Abeygunawardene
67.Mala Liyanage
68.Manik Rodrigo
69.Mario Gomez
70.Marisa de Silva
71.Marisa Fernando
72.Melani Gunathilaka
73.Melani Manel Perera
74.Mirak Raheem
75.Mohammad Sali Janufa
76.N.A. Sampath Pushpakumara, Attorney-at-Law & Human Rights Activist
77.N. Arththigan
78.Nadeem Lebbe
79.Nagulan Nesiah
80.Nilshan Fonseka
81.Niran Wirasinha – Justice Peace and Reconciliation Desk, Diocese of
Colombo
82.P. Muthulingam
83.P. Pushpalatha
84.P. Selvaratnam
85.Pamodi Edirisinghe
86.Peter Rezel – Chartered Accountant
87.Premila Naguleswaran
88.Priyalal Sirisena, Attorney-at-Law
89.Priyanganie Fernando
90.R. Kounthini
91.R. Saththiya
92.Raaya Gomez, Attorney-at-Law
93.Rajany Rajeshwary
94.Rajkumar Rajeevkanth
95.Ramanathan Mahendra
96.Rev. Andrew Devadason – Church of Ceylon, Diocese of Colombo
97.Rev. Fr. Jeevantha Peiris
98.Rev. Fr. Jeyabalan Croos
99.Rev. Fr. Nandana Manatunga
100. Rev. Fr. Sarath Iddamalgoda
101. Rev. Sr. Deepa Fernando
102. Rev. Sr. Nichola Emmanuel
103. Rev. Sr. Noel Christine Fernando
104. Rhuani Rambukwelle
105. Rohini Hensman – Writer and Researcher
106. Ruki Fernando
107. S. Easwary
108. S. Ethayarani
109. S. Kopika
110. S. Mariyarosalin
111. S. Niththika
112. S. Suganthi
113. S.T. Ganeshalingam
114. S. Tharsan
115. S. Thileepan
116. Sakuna M. Gamage
117. Sampath Samarakoon – Editor, Vikalpa
118. Sandun Thudugala
119. Sanjee Goonetilake
120. Sarah Arumugam
121. Sarala Emmanuel, Batticaloa
122. Saroj Pathirana – Journalist, Sandeshaya by Saroj
123. Selvaraja Rajasegar – Editor, Maatram
124. Setunga Mudalige
125. Shantha D. Pathirana – Human Rights Defender
126. Sheila Richards
127. Shirani Cooray
128. Shreen Saroor
129. Shydhah Zaara
130. Srinath Perera, Attorney at Law
131. Subathra Yogasingham
132. Sugath Rajapaksha
133. Sunanda Deshapriya – Journalist, Writer and Human Rights Activist
134. Tharindu Uduwaragedara
135. Thasneema Dahlan
136. Thusitha Siriwardana, Attorney-at-Law
137. Travice Ondaatjie
138. V. Shamini
139. Vanie Simon
140. Vidura Munasinghe, Attorney-at-Law
141. Yasmin Perera
142. Zakir Kamil
Organisations
1. Alliance for Minorities
2. Dabindu Collective
3. Future In Our Hands Development Fund
4. Human Elevation Organization (HEO)
5. Humanity Sri Lanka
6. Human Rights Hub (HRH)
7. Human Rights Office (HRO), Kandy
8. Institute of Social Development (ISD), Katugastota
9. International Centre for Ethnic Studies (ICES)
10.Law and Society Trust (LST)
11. Mannar Women’s Development Federation (MWDF)
12.Movement for Land and Agricultural Reform (MONLAR)
13.Movement for Plantation Peoples’ Land Rights (MPPLR)
14.Movement of Christian Women’s Voice
15.Mullaitivu Women’s Development Co-op Society (MWDCS)
16.Muslim Women’s Research and Action Forum (MWRAF)
17.National Fisheries Solidarity Movement (NAFSO)
18.North South Solidarity
19.People’s Alliance for Right to Land (PARL)
20.Praja Abhilasha Network
21.Revolutionary Existence for human Development (RED) Organization,
Katunayaka
22.Shramabimani Kendraya
23.Social Institute for Development of Plantation Sector (SIDPS)
24.Social Scientists’ Association (SSA)
25.Sri Lanka Democracy Network (SLDN)
26.Stand Up Movement Lanka
27.Upcountry Civil Society Collective (UCSC)
28.Vallamai Movement for Social Change
29.Voice of the Plantation People Organization (VOPP)
30.Women’s Action Network (WAN)
31.Women for Justice and Peace in Sri Lanka