FR petition challenges RW’s Presidential candidacy 

President Ranil Wickremesinghe 

•  Petitioner alleges President Ranil Wickremesinghe has deliberately violated the Constitution by not appointing an Acting IGP
• Stresses previous interim order is not a barrier for Wickremesinghe to appoint an Acting IGP 
• Claims refusal of Wickremesinghe to appoint an Acting IGP constitutes a deliberate violation of the Constitution and misuse of power
• Says these actions make it inappropriate for the President to contest upcoming election

A fundamental rights petition has been submitted to the Supreme Court seeking a ruling that current President Ranil Wickremesinghe is unfit to stand as a candidate in the upcoming Presidential election.

The petition was submitted by Attorney-at-Law Shan Ranasuriya before the Apex Court yesterday. 

The petitioner has alleged that since the President has deliberately violated the Constitution, it is inappropriate for him to be presented as a candidate in the Presidential election.

Additionally, the petitioner has requested that the Supreme Court issue an interim order to prevent Ranil Wickremesinghe from appearing as a candidate in the presidential election scheduled for 21 September.

The petitioner has filed this fundamental rights petition seeking an order for the President to appoint an Acting Inspector General of Police (IGP) for the Sri Lanka Police. 

President Ranil Wickremesinghe and the Attorney General have been named as respondents in the petition.

The petitioner has also highlighted that, according to Article 107(7) of the Constitution, the responsibility for appointing judges to the Supreme Court and the Court of Appeal rests with the President.

The petition points out that the nomination of the President of the Court of Appeal, Nishanka Bandhula Karunaratne, for promotion to the Supreme Court, was not approved by the Constitutional Council, and as a result, the promotion was not carried out.

The petitioner further notes that fundamental rights petitions were filed before the Supreme Court challenging the appointment of Deshabandu Thennakoon as the Inspector General of Police. The Supreme Court allowed the hearing of those petitions and, on 24 July, issued an interim order preventing Deshabandu Thennakoon from exercising his duties and powers as the Inspector General of Police.

The petitioner emphasises that this interim order clearly indicates that there is no obstacle for the President to appoint an Acting IGP.

The petitioner points out that Ranil Wickremesinghe has claimed he is unable to appoint an Acting IGP because he is a candidate in the upcoming Presidential election. However, the petition notes that despite this claim, the President took steps to appoint Ali Sabri as the Minister of Justice recently.

The petition further alleges that through these actions, the President has deliberately violated the Constitution and misused his power.

The petitioner has argued that by failing to appoint judges to the Supreme Court in accordance with the Constitution and by not appointing an Acting IGP, the President has endangered public safety and violated constitutional provisions.

The petitioner has further alleged that these actions constitute a deliberate violation of the Constitution, making it inappropriate for the President to stand as a candidate in the upcoming Presidential election.

The petitioner has requested the Supreme Court to rule that the President has infringed on the basic human rights of the public and to issue an order for the appointment of a suitable Senior DIG from the Police Department as the Acting IGP.