By : Ovindi Vishmika

February 12, LNW (Colombo):  In a dramatic culmination of one of Sri Lanka’s most closely watched constitutional battles, the Supreme Court on Thursday concluded hearings into nine Fundamental Rights (FR) petitions challenging the appointment of Deshabandu Tennakoon as Inspector General of Police (IGP), after he was removed from office through an unprecedented parliamentary process.

The petitions were taken up before a three-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Mahinda Samayawardhena.

When the matter was called, court was informed that Tennakoon no longer holds the office of IGP, having been removed following the findings of a Committee of Inquiry appointed under the Removal of Officers (Procedure) Act, No. 5 of 2002.

Chief Justice Surasena observed that proceeding with the petitions in such circumstances would be akin to “breaking pots inside an empty house,” noting that the respondent had already been removed by a motion passed in Parliament.

President’s Counsel Romesh de Silva, who had appeared for Tennakoon, informed court that he would no longer be representing his client and that the proxy previously tendered had been withdrawn.

Appearing for the former Speaker, Attorney-at-Law Niranjan Arulpragasam submitted that Parliament had already taken steps to remove Tennakoon from office, rendering the petitions without basis.

However, President’s Counsel Geoffrey Alagaratnam, appearing for one of the petitioners, argued that the matter raised serious constitutional questions and warranted a judicial determination.

President’s Counsel Shamil Perera, representing His Eminence Malcolm Cardinal Ranjith, supported that position, stating that a ruling was necessary to prevent similar unlawful actions in the future.

Attorney-at-Law Thishya Weragoda, for another petitioner, contended that Tennakoon’s appointment had been endorsed by the former Speaker outside a formal meeting of the Constitutional Council, insisting that the alleged irregularity required a ruling.

Additional Solicitor General Nerin Pulle, appearing for the Attorney General, informed court that President Anura Kumara Dissanayake had already submitted an affidavit on January 28 last year acknowledging procedural errors in the Constitutional Council’s recommendation of Tennakoon’s appointment.

Following submissions, counsel for the petitioners agreed that, in light of the President’s affidavit being formally recorded, the proceedings could be concluded. The Supreme Court thereafter terminated further examination of the nine FR applications.

From Appointment to Removal

Tennakoon was initially appointed Acting IGP in November 2023 and was confirmed as IGP with effect from February 26, 2024. His appointment was challenged in nine FR petitions, including by Cardinal Malcolm Ranjith and the Young Journalists’ Association.

On July 24, 2024, the Supreme Court granted leave to proceed in the petitions under Article 12(1) of the Constitution, observing that a strong prima facie case had been made regarding the constitutionality of the appointment. The Court also issued an interim order restraining Tennakoon from exercising the powers of the office pending final determination.

Subsequently, Parliament moved to invoke the Removal of Officers (Procedure) Act — marking the first time the law has been used to remove a sitting IGP or Attorney General.
22 Charges and Committee Findings
A resolution signed by 115 NPP MPs was unanimously passed in Parliament on April 8 to appoint a three-member Committee of Inquiry under Section 5 of the Act.

The Committee, chaired by Supreme Court Justice P.P. Surasena and comprising CIABOC Chairman Justice W.M.N.P. Iddawala and National Police Commission Chairman Lalith Ekanayake, investigated allegations of misconduct and gross abuse of power against Tennakoon.

He was served with a charge sheet containing 22 charges. The allegations included:

•His alleged role in dispatching an armed Colombo Crime Division team to Weligama on December 30, 2023, which resulted in a shooting near the W15 Hotel and the death of a police officer.

•Claims of conspiring to facilitate the shooting and failing to take action afterward.

•Allegations that injured officers were instructed to return to Colombo without being admitted to the nearest hospital.

•Accusations of evading arrest and disobeying court orders issued by the Matara Magistrate’s Court in early 2025.

•Failure to prevent violence during the May 9, 2022 incidents at Galle Face Green.

The Committee unanimously found Tennakoon guilty of misconduct and gross abuse of power under Sections 3(d) and 3(e) of the Act and recommended his removal.

Speaker Jagath Wickremaratne announced to Parliament that the report recommended Tennakoon’s removal. Under the Act, once a resolution based on the Committee’s findings is passed by a majority of MPs, the President is required to remove the office holder forthwith.

Tennakoon has denied all allegations.

A Constitutional Turning Point

The case is widely viewed as a landmark moment in Sri Lanka’s constitutional and institutional history. It tested the powers of the Constitutional Council, the scope of judicial review in appointments to high office, and Parliament’s authority to remove key state officials under a rarely invoked statute.

With the Supreme Court concluding the FR proceedings and Parliament acting under the Removal of Officers (Procedure) Act, the saga of Deshabandu Tennakoon’s controversial tenure as IGP has set a significant precedent for accountability at the highest levels of law enforcement.

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