Legal battle over Deshabandu Thennakoon’s IGP appointment continues in SC

• Saliya Peiris PC representing YJA says Deshabandu Thennakoon’s nomination and appointment as IGP was wrongful and arbitrary 
• Shamil Perera PC referring to the Easter Sunday attack emphasises that an officer identified as having neglected his responsibilities is unfit to be appointed as IGP
• Counsel Manisha Kumarasinghe claims Thennakoon was appointed despite accusations of wrongdoing and in contravention to the Establishment Code 

In a fundamental rights petition filed by the Young Journalists Association challenging the appointment of Deshabandu Thennakoon as the Inspector General of Police, Saliya Peiris PC argued that both the appointment itself and President Ranil Wickremesinghe’s nomination of Thennakoon to the post, submitted to the Constitutional Council, were arbitrary.

Making submissions before the Supreme Court on Tuesday, Peiris said it was a wrongful and arbitrary act to propose the name of Deshabandu Thennakoon to the Constitutional Council, citing multiple charges against him and court findings of guilt in cases of torture. Peiris further argued that appointing Thennakoon as the IGP without proper approval from the Constitutional Council was unconstitutional as well.

Eight petitions challenging the appointment of Deshabandu Thennakoon as IGP have been taken up before Supreme Court Justices Yasantha Kodagoda, Achala Wengappuli, and Mahinda Samayawardena.

President’s Counsels Saliya Peiris, Shamil Perera, and Viran Corea, along with Counsels Manisha Kumarasinghe and Suren Fernando, made submissions on behalf of the petitioners. 

The submissions of the petitioners concluded on Tuesday and the court has scheduled the case to resume next Monday to allow the respondents to present their submissions.

Outlining the facts from the final report of the Presidential Commission that investigated the Easter Sunday terrorist attack and the testimony given by Deshabandu Thennakoon, Shamil Perera PC emphasised that an officer who has been identified as having neglected his responsibilities in relation to that incident is unfit to be appointed as the IGP. 

Counsel Manisha Kumarasinghe said that Thennakoon has been appointed as the Inspector General of Police despite accusations of wrongdoing. She said according to the Establishment Code, individuals accused of such misconduct are not entitled to promotions, salary increments, or foreign travel.

The counsels representing the petitioners requested that an interim order be issued to prevent Deshabandu Thennakoon from serving as the IGP, arguing that his appointment could be problematic and lead to adverse outcomes.