SC Ends Hearing on FR Petitions Against Deshabandu
The Supreme Court today concluded the examination of nine fundamental rights petitions filed challenging the decision to appoint Deshabandu Tennakoon as Inspector General of Police.The petitions were taken up before a three‐judge bench comprising Chief Justice P. Padman Surasena, Justice Achala Wengappuli, and Justice Mahinda Samayawardhena.The petitions had been filed by His Eminence Malcolm Cardinal Ranjith, the Young Journalists' Association, and several other parties.Appearing on behalf of Deshabandu Tennakoon, President's Counsel Romesh de Silva informed court that he would no longer be representing his client and that the earlier proxy tendered on behalf of Tennakoon had been withdrawn.Representing the former Speaker, Attorney‐at‐Law Niranjan Arulpragasam told court that Parliament had already taken steps to remove Deshabandu Tennakoon from the post of IGP, adding that the petitions therefore had no basis to continue.However, President's Counsel Geoffrey Alagaratnam, appearing for one of the petitioners, said the case was of significant constitutional importance and that his clients expected a ruling from the Court.Supporting this position, President's Counsel Shamil Perera, appearing for the Cardinal, said a judicial determination was necessary to prevent such unlawful actions from occurring in the future.Attorney‐at‐Law Thishya Weragoda, representing another petitioner, argued that the recommendation to appoint Deshabandu Tennakoon as IGP had been endorsed by the former Speaker outside a meeting of the Constitutional Council and insisted that a ruling on this unlawful act was essential.Chief Justice Preethi Padman Surasena noted in open court that the respondent, the former IGP, had already been removed from office by a motion passed in Parliament. He observed that in such circumstances, proceeding with the petitions would be equivalent to "breaking pots inside an empty house."Appearing for the Attorney General, Additional Solicitor General Nerin Pulle stated that President Anura Kumara Dissanayake, through his Secretary, had already submitted an affidavit to court on 28 January last year, acknowledging that the process followed by the Constitutional Council in recommending Deshabandu Tennakoon's appointment contained procedural errors.After considering all submissions, counsel for the petitioners expressed agreement that, given the President's affidavit being formally recorded by court, the petitions could be concluded.Accordingly, the three‐judge Supreme Court bench ordered that the examination of the petitions be brought to an end.
-826845.jpg)