SC to hear intervening petition seeking removal of interim order against Deshabandu

SC to hear intervening petition seeking removal of interim order against Deshabandu

September 6, 2024   02:56 pm

The Supreme Court has ordered that the petition of intervention filed seeking an order suspending the interim injunction issued preventing Deshabandu Tennakoon from functioning as the Inspector General of Police (IGP), to be taken up for consideration on September 13 for the clarification of facts. 

This petition of intervention was taken up today (06) before a three-judge Supreme Court bench consisting of Justices Yasantha Kodagoda, Janak De Silva, and Arjuna Obeysekara.

Accordingly, the judge bench ordered that the relevant petition be called on September 13 for the confirming of the facts.

Ven. Dr. Bellanwila Dhammaratana Thero and two other Buddhist monks had presented the intervening petition. 

On July 24, the Supreme Court issued an interim order preventing Deshabandu Tennakoon from performing duties and functioning in the position of the IGP.

The Supreme Court had issued this order after granting leave to proceed with the nine petitions, filed by several parties including Cardinal Malcolm Ranjith, challenging Tennakoon’s appointment as the IGP.

The Supreme Court had also ordered the President to name a suitable person for the position of IGP, for the duration of the interim order being enforced against Deshabandu Tennakoon.

It was later reported that given the upcoming Presidential Election, President Wickremesinghe has been advised by his legal team that appointing an Acting IGP every two weeks could lead to election petitions against him. 

Consequently, the President had reportedly informed the Speaker of Parliament that he will refrain from getting involved in this matter.

Delivering a special statement in Parliament the following day on the government stance on the matter, Prime Minister Dinesh Gunawardena clarified that the President has no legal provisions at this moment to appoint an Acting IGP. 

The Prime Minister also emphasized that the position of the IGP is not vacated presently.

He also stated that the court cannot change the approval granted by the Constitutional Council to appoint the current IGP. 

Following the PM’s statement, the Speaker of the Parliament Mahinda Yapa Abeywardena had informed the House that the decision to appoint the Inspector General of Police (IGP) was correct, legal, constitutional, and made in good faith.

He further said that the situation with regard to the IGP cannot be resolved even by the President, and the matter must be sorted out in court if necessary.

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