Probe into IGP Deshabandu: Justice Suresena’s committee meets today

The House Committee of Inquiry appointed to probe and report its findings on IGP Deshabandu Tennakoon will meet in parliament today (30).

Committee of Inquiry appointed through a parliamentary resolution in terms of Section 5 of the Removal of Officers (Procedure) Act, No. 5 of 2002, is chaired by Supreme Court Judge P.P. Surasena (Chairman). The other members of the committee are Justice W.M.O.P. Iddawala and Chairman, National Police Commission (NPC) E.W.M. Lalith Ekanayake.

M. Jayalath Perera, Director Legislative Services / Director Communication (Acting) yesterday (29) said that a police investigation team has been appointed to assist the committee. The names of its members have been submitted to the Committee of Inquiry probing what the official called acts of gross abuse of power.

This appointment has been made in response to a formal request by the Committee to the Acting IGP, seeking the assistance of a police investigation team to support the Committee’s investigation, Perera said. Since the appointment of the committee, it has met on three occasions with the last meeting held on Monday (28).

According to the House press office, the committee under the leadership of Supreme Court Justice Surasena for the first time met in parliament on April 23.

Political sources pointed out that while Chief Justice Murdu Fernando, PC, named justice Surasena, Premier Dr. Harini Amarasuriya and Opposition Leader Sajith Premadasa agreed on the appointment of justice Iddawala as their nominee while the inclusion of Chairman of NPC is mandatory in terms of the relevant Act.

Sources said that the focus of the inquiry would be deployment of CCD (Colombo Crime Division) to mount an operation on Dec 31, 2023 targeting W 15 hotel at Weligama. During the proceedings at the Matara Magistrate court it has come to light that IGP Tennakoon dispatched CCD team without informing the local police thereby leading to a fire-fight between the team from Colombo and joint Weligama police-army mobile patrol near W 15 hotel.

Retired Senior DIG Priyantha Jayakody said that it would be the responsibility of the powers that be to ensure the restoration of public confidence in law enforcement.

Jayakody served as the Senior DIG Crimes and Organised Crimes at the time of his retirement in 2021. Referring to the Weligama incident, Jayakody said that the allegations that had been made against the IGP pertaining to the deployment of CCD outside laid out procedures eroded public faith in the government. Therefore the appointment of the Committee of Inquiry in line with the relevant act to probe the IGP conducted without undue delay should be appreciated, Jayakody said, pointing out that the government and the Opposition had agreed on the process undertaken.

The retired DIG said so in response to The Island queries regarding possible impact the investigation could have on the police.

Jayakody said that in terms of the Constitution that had been introduced in 1978, the appointment and removal of the IGP was the President’s prerogative. However, as many felt that privilege undermined good governance, through the 17th Amendment to the Constitution that had been introduced unanimously, the power to appoint IGP was entrusted with the Constitution Council, Jayakody said.

The CC was meant to ensure public representation in the decision making process at the highest level, Jayakody said. “At the beginning 10-member CC included five civil society representatives. Subsequently, civil representation was brought down to three,” Jayakody said, adding that the failure on the part of that Amendment to propose a mechanism/system to remove a person appointed by CC to high office was a serious lapse on the part of parliament at that time.

Had the 19th Amendment addressed that as well, there wouldn’t have been any need to appoint a Committee of Inquiry to probe IGP Tennakoon.

Tennakoon was appointed IGP on February 26, 2024. The controversial policeman received the appointment as Acting IGP on Nov 29, 2023 in spite of strong protests from various quarters.

Jayakody said that the move against the IGP was a lesson for all law enforcement officers regardless of rank that operating outside procedures could be quite disastrous.

By Shamindra Ferdinando