SLB/Colombo, 4 November – The Attorney General today informed the Supreme Court that criminal charges will be filed against several former Members of Parliament and former Senior DIG Deshabandu Tennakoon in connection with the violent attack on the ‘Gota Go Gama’ protest site at Galle Face on 9 May 2022. This announcement marks a significant development in one of the most controversial incidents during Sri Lanka’s historic citizens’ protest movement.
The attack on peaceful protesters at Galle Face sparked national outrage and international condemnation. The incident, which occurred during the height of the economic crisis, was widely seen as an attempt to suppress dissent. Multiple fundamental rights petitions were filed by activists, alleging that law enforcement authorities failed to prevent the violence despite having adequate resources on site.
Senior State Counsel Sajith Bandara, representing the Attorney General, told the Supreme Court that:
- 31 suspects have been identified through investigations.
- Indictments under the Criminal Procedure Code are expected to be filed soon.
- Despite the presence of a large contingent of police officers and water cannons, these resources were not deployed effectively to prevent the attack.
The State Counsel further stated that charges will be brought against Deshabandu Tennakoon, then Senior DIG in charge of the Western Province and the most senior officer present at the scene, for neglect of duty.
The case raises critical questions about state accountability and the scope of fundamental rights under Article 12 and Article 14 of the Constitution, which guarantee equality before the law and freedom of expression.
Activists argue that the failure to prevent the attack constitutes a violation of their fundamental rights. The Supreme Court’s role here is to determine whether state actors breached constitutional obligations. Filing indictments under the Criminal Procedure Code means the suspects could face criminal trials for offences such as unlawful assembly, assault, and possibly conspiracy. Charging a former Senior DIG for neglect of duty is unprecedented and signals a shift towards holding law enforcement leadership accountable for operational failures.
If Tennakoon is indicted and convicted, it could set a legal precedent for prosecuting senior officers who fail to act during civil unrest. Several former MPs are among the suspects. While the Attorney General confirmed that Mahinda Rajapaksa and Namal Rajapaksa will not face criminal charges, the case could still have political ramifications for those implicated.
The Supreme Court’s eventual ruling on the petitions will clarify the extent of state responsibility in safeguarding peaceful assembly—a cornerstone of democratic governance.
The Supreme Court has postponed its verdict on the fundamental rights petitions until later, likely awaiting progress in the criminal proceedings. Lawyers for Tennakoon argued that hearing the petitions now would prejudice their client, suggesting that the petitions be considered after the criminal trial concludes.
©SLB