Image: Under the banner of law-abiding country from the left to Right former law and order Minister Tian A. President Ranil W. and IGP Deshabandu T.
The most sensational development ( in recent times – SLB) is the nationwide manhunt for the fugitive Inspector General of Police, Deshabandu Tennekoon. The country’s 85,000-strong police force is in a state of high alert, desperately searching for their own police chief, who has vanished without a trace. Over twenty teams have been scouring homes, offices, and places of worship, but their quarry remains frustratingly elusive. Sri Lanka has become the focus of attention as police, under direction from political leaders, are pursuing the hunt for their chief more vigorously than underworld leaders or drug kings. That it is the first time in their 158-year history that they are looking for a fugitive police chief does not augur well either for the NPP-JVP government or the Police Department.
Tennekoon’s troubles began with an interim suspension order from the Supreme Court, which is pending the conclusion of nine separate fundamental rights petitions against him. Petitioners are seeking a ruling that his appointment as Inspector General of Police is unconstitutional, alleging that the recommendation by the Constitutional Council was unlawful. The Supreme Court has scheduled hearings into the petitions for May 6, 7, and 8. Besides weighing in on the petitions, the SC also has before it a missive from President Anura Kumara Dissanayake giving his views on Tennekoon’s appointment as IGP. However, Tennekoon’s predicament deepened with a far more serious accusation.
Deshabandu Tennekoon
On February 27, Matara Magistrate B.A. Aruna Indrajith Buddhadasa issued a detailed 81-page order for Tennekoon’s arrest. Just 12 days later, an open warrant for the police chief’s arrest was issued, also by him, casting a shadow over Sri Lanka’s law enforcement. It came in the backdrop of a rise in crime. This instance underscores the urgent need for transparency, accountability, and reform to restore public trust and ensure justice is served. This is yet to happen. The chain link of authority in the Ministry of Public Security appears woefully weak. Their efficient functioning has been hindered. The only outcomes are after the event when both the politicians and the officials responsible make statements about what happened. This is in a worrying backdrop. In the next four days (on March 21), it will be six months since Anura Kumara Dissanayake was voted into office as President. A series of lofty pledges to bring to book those involved in bribery and corruption remain unfulfilled. Even the few cases that have seen the light of day are those completed under the previous administration, which for unexplained reasons chose not to proceed. The last occasion when a police chief was dealt with came when then President Maithripala Sirisena suspended Pujith Jayasundera. This was over the Easter Sunday massacres in 2019. Thereafter, he was also arrested by the Criminal Investigation Department (CID).
However, IGP Tennekoon’s case becomes distinctly different. The other accusations are also of a serious nature. Magistrate Indrajith Buddhadasa’s 81-page order describes his role. It relates to the incident that occurred on December 31, 2023, outside the W15 Hotel near the Pelena roundabout in the Weligama Police area—one that caters to tourists.
What happened on December 31, 2023
The hotel in question is owned by Hardi Jamaldeen, who is the son of A.J.M. Muzzamil, a former Colombo mayor and later the governor of the Uva Province. The order has been issued based on a report filed by the Crime Division officer of the Weligama Police and thereafter submissions made to court by the Criminal Investigation Department (CID). Here are excerpts:
“Police Sergeant Upul was killed due to gunfire injuries. Further submissions were made to court by the Criminal Investigations Department (CID). Accordingly, the following order is being issued. An inspection of the scene and the written documents has been filed. An inspection of the scene of the incident was carried out. The victim was identified as Maningamuwa Gedara Upul Chaminda Kumara.
“According to the report filed by the Crime Division OIC explaining the sequence of events leading to the shooting, a Welgama Police team comprising Sgt. Sisira, Police Constable Indratilaka, Army Sgt. G.C.T. Ruviranga, and Soldier Prabath was on a mobile patrol in the vehicle driven by Police driver Sgt. Vithana. Around 2.30 a.m. on December 31, 2023, the mobile patrol was moving on the Galle–Matara road (towards Galle) when they observed a group in a white van shooting in the direction of the beach. Army Sgt. Sisira directed Army Sgt. Ruchiranga to open fire towards the van. Due to the shooting, it was later revealed that Police Sgt. Upul, injured in the shooting, succumbed to his injuries. The incident occurred when Colombo Crime Division Chief Inspector Anslan Silva, Inspector Jagath Nishantha, Inspector M.R. Dhunusinha, Sub Inspector Madhuranga, Police Sgt Upul, Police Sgt Kumara, Police Constable Priyanath, and Police driver Constable Dulip had arrived to arrest a suspect. Eleven witnesses were listed in the case.
“After the shooting incident, the vehicle carrying the CCD team had taken along with them the injured Police Sgt. Upul and attempted to proceed towards Colombo. However, Police had taken over the injured person at the Imaduwa expressway entry and admitted him to the Karapitiya hospital. Doctors had pronounced him dead on admission. Police, as part of the investigation, had submitted to courts a diagram of where the people in the vehicle and the Police Jeep were seated. According to evidence recorded, the Weligama Police team led by Sgt. Sisira had observed the group in the vehicle shooting and trying to escape when Sgt. Sisira ordered to shoot at the tyres. Sgt. Ruviranga, who fired, said he had taken the T56 weapon of a fellow soldier and opened fire at the van. He said he feared that the van was carrying a group of underworld people and thought that they would return fire. He said their vehicle gave chase about five to six kilometres behind the van but could not stop it.
“According to the seven police personnel in the van, on the instruction and supervision of the then Acting Inspector General of Police Deshabandu Tennakoon, who was also the Senior Deputy Inspector General of Police Western Province, they had gone to arrest a person who is an associate of notorious gang leader Nadun Chinthaka Wickremeratne alias ‘Harak kata.’ At Weligama, they had noticed a suspicious person near hotel W15 and tried to arrest him. At that point they had received gunshots from the direction of the person who escaped, and SI Madhuranga returned fire. However, they had not observed a police jeep in the area. Thereafter, their van driver was instructed to proceed to take the injured to the Karapitiya hospital. However, the Police on duty at the Imaduwa checkpoint held them back. The position taken by those in the police jeep is that they believed it was an underworld gang opening fire at the van.
“However, the position of the court, based on the evidence, was that both statements cannot be correct. The initial investigations were carried out by the Weligama Police, but the IGP, under powers vested in him, handed over the investigations to the CID. Accordingly, the investigations were taken over by the CID on December 5, 2024. (Note: This was a year after the incident.) During the investigations, there was no evidence to suggest that there was firing towards the van from the side of the hotel. Therefore, there cannot be a return fire, according to the investigators. According to the security guard at the hotel, the van, which had arrived for a second time close to the hotel, opened fire, but there was no return fire from the hotel or from outside towards the van. There has been no other evidence to suggest there was any other firing, and only the empty shells of the ammunition used by those in the police jeep and the van used by police officers had been found from the scene of the incident.
“Therefore, the view that another party had opened fire at the vehicle appears to be a statement made to mislead the investigations. The court considered evidence about the right of Army Sgt. Chandimal Ruchiranga to open fire to protect the lives of people held that Police Sgt. Sisira, who gave the directive to shoot, and the Army Sgt., who opened fire, had taken the action in self-defence and protection of property. Therefore, no criminal liability falls on them, and therefore no legal action can be continued on either Army Sgt. Ruchiranga or Police Sgt. Sisira. The CID had informed courts that investigations were carried out to determine whether the action of shooting at the W15 hotel was due to an illegal directive given by Deshabandu Tennakoon, who was the Acting IGP at that time and the Senior DIG for the Western Province.
“It was revealed during the investigations that there had been no shooting by a third party. It was also revealed that the van with two people that carried those with gunshot injuries had tried to take them to Colombo without proceeding to a hospital. The Colombo Crimes Division (CCD) officials testified that the operation to arrest some of the associates of underworld gang leader Harak Kata near Hotel W15 had been carried out on the directions of the Acting IGP Tennekoon, and no other police officers were informed about the operation.
Therefore, it has been revealed that the operation had been carried out without obtaining legal permission, and none of the senior officers had been informed about the operation carried out very secretively.
“Also, action had not been taken to provide immediate treatment to the injured by transferring the injured to the Matara or Weligama hospitals. Hence, they were believed to be escaping after a crime and detained by the police on the expressway. The court holds that the CCD officers were not taking part in a legal action on behalf of the Police Department, but were acting to achieve an illegal objective. Accordingly, they cannot be entitled to immunity or free of criminal liability as police officers. The court, therefore, has decided that legal action should proceed regarding the officers. The officer who opened fire, who was aware that he was part of an illegal action, had done so at the hotel and therefore faces criminal liability. Accordingly, charges could be filed for using criminal force against the people in the hotel, hotel employees and owners. Also, the action for the police sergeant to open fire in self-defence leading to the death of Sgt. Upul was created by the shooting carried out, and SI Madhuranga faces further charges. The court needs to determine whether legal proceedings should continue against the then Acting IGP Tennakoon and Tiran Alles. So far there has been no evidence against Alles. However, investigations should be continued about the involvement of Alles in the initial incident.
“Under the criminal laws, there is provision to file action for aiding and abetting to commit a crime. The court has determined that of the eight officers on board vehicle WP PK-7225, seven officers (excluding the deceased officer) could be charged with being part of a group of unlawfully assembling to use criminal force, thereby achieving an illegal objective on an illegal directive given by Deshabandu Tennakoon. Also, Deshabandu Tennakoon could be charged with conspiracy by trying to achieve an illegal objective by misusing his position, directing officers under him, using vehicles, weapons and ammunition issued to ensure security and prevention of crime for the offence, and by deliberately directing them to commit the offence. The court accordingly held that charges could be filed against all eight persons, including Deshabandu Tennakoon.
“Charges also could be filed against Deshabandu Tennakoon, CCD officials and former Weligama OIC for submitting false documents and false evidence and trying to mislead courts to prevent the disclosure of truth. Separate charges could be filed against the former Weligama OIC for giving false figures on the remaining rounds of ammunition and the empty cartridges. The court noted that the then IGP using eight officers for organising a paramilitary team against the citizens of the country and eventually leading to the death of an officer was a serious matter. All administrators and officials should take note of this situation.
“The court noted that even after magisterial orders, the submission of CCTV recordings to courts had been blocked illegally and false evidence had been created. The court also called the current Acting IGP to ensure impartial investigations in cases by keeping away the relevant officials from investigations, as there is a risk of bringing pressure on the investigations.
Summary of the court order:
- To issue a death certificate on the death of Upul Chaminda Kumara that the death was caused due to injuries sustained by rifle fire.
- Army Sgt. Chandimal Ruwiranga, who opened fire, causing the death (of Sgt. Upul), and the officer, who gave directions to fire Police Sergeant Ajith Sisira Kumara do not hold any criminal liability as they had acted in self-defence.
- Sgt. Ruwiranga and Sgt. Sisira do not face charges for causing damages to vehicle WP PK 7225 van by opening fire.
- There is sufficient evidence to proceed with legal action against SI Madhuranga, IP M.R. Dhunusinghe, Chief Inspector Anslan de Silva, IP Jagath Nishantha, Police Sgt. Kumara, PC Priyanath and Police driver PC Dulip Gihan Piyatissa on charges of being part of a group of unlawful assembly, using weapons and being part of a group of unlawful assembly and involved in rioting with weapons.
- To continue a case against the Acting IGP Deshbandu Tennakoon on using a team of state-paid officials under his purview to achieve a personal objective to use criminal force on persons, employees and owners of Hotel W15 and for a conspiracy with the officers to achieve an illegal objective and prevent the disclosure of truth in courts.
- Deshabandu Tennakoon and six officers of the CCD to be held responsible on the grounds of common intention to commit an offence.
- To file action for the six CCD officials in the van for providing false evidence claiming they were on official duty near Hotel W15.
- Filing separate charges against the then Weligama OIC for providing false evidence
- Action could be filed against under the Firearms Ordinance for using criminal force.
- They could also be charged under the Public Property Act regarding the misuse of vehicle WP PK-7225.
“Accordingly, the CID is directed to arrest and produce in courts the following suspects: Sub Inspector Madhuranga, Inspector of Police M.R. Dhunusinha. Chief Inspector Anslem de Silva, Inspector of Police Jagath Nishantha, Police Sgt Kumara, Police Constable Priyanath, Police Constable (driver) Dulip Gihan Piyatissa and Acting IGP Deshabandu Tennakoon.”
Police Chief Tennekoon did not show himself despite the court order and the issue of a warrant thereafter. His counsel, Romesh de Silva, filed a motion before the Court of Appeal challenging the Matara Magistrate’s order. He has made lengthy written submissions. Asked whether his client would surrender in keeping with the order of the Matara Magistrate, he replied to court that his client had no legal obligation to do so. He claimed that the arrest order has been issued in violation of legal provisions and without a statement being recorded from his client. The Court of Appeal has reserved the verdict for tomorrow (Monday).
Whatever the outcome of the ruling would be, the Police Department is on the threshold of a crisis. Yet, they are not offering any cash rewards for information on their IGP’s arrest. Matters in the Police Department are continuing to deteriorate.
( From the Political column of The Sunday Times of 16.03.2025)