IGP appointed in violation of Constitution: Opposition

By Saman Indrajith

Opposition parties yesterday said Deshabandu Tennakoon had been appointed IGP in violation of the Constitution.

SLPP dissident MP Prof. GL Peiris addressing the media at the Opposition Leader’s Office in Colombo said the Supreme Court had found Tennakoon guilty of torturing people and ordered to pay Rs 500,000 as compensation to the victim.

How can such a person be appointed to the IGP post?” he asked.

Prof Peiris said that the due process had not been followed in the appointment of Tennakoon as IGP. As per the Constitutional provisions, the IGP should be appointed by the President with the concurrence of the Constitutional Council. The approval of the CC is mandatory and there was no way to appoint an IGP without that. There had to be at least five votes in the CC for the appointment. There were four votes approving the appointment. Two members had opposed it. The CC members representing the civil organisations abstained. The fifth vote was given by the Speaker. What he did was wrong. Article 41 E states that the Speaker shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the Council, the Speaker shall have a casting vote. There was no such event of equality of votes with regard to approving the name of Tennakoon. As such the Speaker has violated the Constitution,” Prof Peiris argued.

Not only the Speaker but also the Secretary of the CC had violated the Constitution by informing the President that the CC had approved Tennakoon’s name, Prof Peiris said.

SJB General Secretary MP Ranjith Madduma Bandara said that both the incumbent President and the Speaker of Parliament had acted against the law in giving the IGP post to Deshabandu.

“Tennakoon was appointed IGP post after the Supreme Court had stated that he tortured citizens of this country,” he said.

Meanwhile, JVP/NPP stated that Tennakoon’s appointment was dubious and it would pave the way for a constitutional issue.

Former JVP Kalutara District MP Dr. Nalinda Jayatissa, addressing the media at the party headquarters, in Pelawatte, yesterday, said: “The Supreme Court on Dec 14, 2023 giving the ruling in the case No SCSR/2011 recognised Tennakoon as a person responsible for human rights violations and international conventions against torture and violating the country’s Constitution. In addition, there are many cases of human rights and fundamental rights violations against him that are pending before the Supreme Court. Among them is a fundamental rights violation case against his failure to prevent the Easter Sunday terror attacks.

“There is a serious question as to how Tennakoon’s name got the Constitutional Council’s approval. The Speaker’s role in the vote to secure the approval is against the Constitution. Therefore, this appointment is illegal. As such, this appointment has raised many questions, not only locally but also internationally. The legality of this appointment would be challenged before the courts,” Dr. Jayatissa said.

Former MP Wasantha Samarasinghe also addressed the press.