Speaker won’t meet CJ: IGP issue remains unresolved

By Shamindra Ferdinando

SJB leader Sajith Premadasa, MP, over the weekend, said that if he became the President those who had violated Supreme Court rulings would have to face the consequences.They would be held responsible for past violations, regardless of parliamentary privileges, the SJB leader assured a cheering crowd of ex-military and police personnel at Minuwangoda on Saturday (03).

Premadasa, who is also the Opposition Leader, declared that the law of the land would prevail over parliamentary privileges.

That warning was given at the Minuwangoda meeting of the ex-military and police group supporting Sajith Premadasa’s candidature at the Sept. 21 presidential election. The grouping that had been built in response to the challenge posed by JJB’s ex-police and military collective includes General Mahesh Senanayake, who served as the Army Commander (June 27, 2017-Aug 18, 2019) during the Yahapalana administration.

Both Premadasa and Senanayake contested the last presidential election in Nov 2019.

Referring to the continuing controversy over President Ranil Wickremesinghe’s refusal to abide by the Supreme Court directive in respect of IGP Deshabandu Tennakoon, Opposition Leader Premadasa said that there were Heads of State and Prime Ministers and some other lawmakers who challenged the validity of the SC decisions. Even though statements contradictory to SC rulings had been made in the House, immunity for such shouldn’t be expected through parliamentary privileges, Premadasa said.

The SC on July 24 directed that Deshabandu be replaced pending hearing of nine fundamental rights petitions filed against his appointment, and an Acting IGP appointed for the time being. President Wickremesinghe has not appointed an Acting IGP.

Premadasa said, “You cannot take cover behind parliamentary privileges. Those who violated SC rulings given in respect of fundamental rights applications thereby causing contempt of court would be collectively held responsible.”

President Wickremesinghe and the SLPP ignored SC directive issued in March 2023 in respect of Local Government polls.

Speaker Mahinda Yapa Abeywardena’s Office on Saturday said that contrary to President Ranil Wickremesinghe’s advice that the Speaker should meet Chief Justice Jayantha Jayasuriya, PC, to settle the dispute over the IGP, such a meeting wouldn’t take place.

Prof. of Law and head, Department of Law, University of Peradeniya and former Chairperson of the Human Rights Commission Deepika Udagama said that such a discussion was unprecedented and would set a very bad precedent. “The President is left with no alternative but to appoint an Acting IGP. That is what the rule of law requires,” Prof. Udagama said.

Commenting on the continuing tussle between the Opposition and President Wickremesinghe’s camp over the IGP’s issue, Attorney-at-Law Dr. Prathiba Mahanamahewa emphasised the President’s responsibility for proposing the name of a suitable police officer for the acting appointment in consultations with the Election Commission and the Attorney General.

Dr. Mahanamahewa said that all stakeholders should properly understand the issue at hand. The SC had issued only an interim order pending the final determination, and therefore the post of IGP hadn’t been vacated but a temporary suspension had been effected with the President being directed to make an Acting appointment, Dr. Mahanamahewa said.

Responding to another query, Dr. Mahnamahewa said that though a deposit had been placed on behalf of the President to contest the forthcoming election as an independent candidate, he may not submit nominations.

Having explained the constitutional impediments in respect of making a proposal to the Constitutional Council, Dr. Mahanamahewa said such issues could be addressed by making the suggestion to the CC with the backing of the EC and the AG. The EC could play a major role as the Police Department came under it after the declaration of election.

Dr. Mahanamahewa stressed the need to resolve the issue without further delay to strengthen public confidence in the electoral process. The National Police Commission (NPC) had intervened to appoint Lalith Pathinayake as Senior DIG (Administration), thereby filling a crucial vacancy. In addition, Senior DIG Ananga Karawita had been placed in charge of election-related duties, he said.