Young journalists file FR against IGP appointment 

The Young Journalists Association of Sri Lanka (YJASL) filed a fundamental rights petition yesterday seeking an order to quash the appointment of Senior DIG Deshabandu Thennakoon as the Inspector General of Police (IGP). The petitioners are arguing that the appointment is illegal, arbitrary, irrational, and contrary to and in violation of the provisions of the Constitution.

The association also said that Tennakoon is unfit for the post of IGP and despite these disqualifications, he has been appointed to the position in violation of the constitution.

The petitioners noted that the President and the Constitutional Council have failed to consider the serious findings of the Supreme Court against Tennekoon for human rights abuse and also other allegations which render him unfit to hold office.

The organisation also highlighted that the Presidential Commission of Inquiry appointed in respect of the Easter Sunday attacks of 2019 has recommended that disciplinary action be initiated against Tennekoon for his failure to perform his duties to prevent an attack despite having intelligence reports of an impending attack while during the attack on peaceful protestors at ‘GotaGoGama’ on 9 May 2022, Tennekoon was seen standing and watching the attacks take place and failed to take action holding office of Senior Deputy Inspector General of Police of the Western Province;

“In SC FR 107/2011 the Supreme Court on 14 December 2023, delivered judgement finding the 10th Respondent as having violated the Fundamental Rights of the Petitioner in the said application guaranteed under Articles 11, 12(1), 13(1) and 13(2) of the Constitution and ordered to pay compensation of Rs 500 000” the petitioners said. 

“The petitioner states that in the above circumstances, the nomination and purported approval of the appointment of the 10th Respondent as Inspector General is illegal, irrational, arbitrary, in violation of the rule of law and has been done without any consideration of the 10th Respondent’s fitness to hold the said position as the commanding officer of the Police force,” it added. 

The petition was filed by YJASL President Tharindu Jayawardhana, Secretary M.F.M Fazeer, Convener Shalika Wimalasena, Treasurer Nirosh Maithree, Committee Member Tharindu Uduwaragedara, Vice President B. Niroshkumar on behalf of the organisation through Attorney at Law Manushika Cooray. 

The nine members of the Constitutional Council, including its Chairman and the Speaker of the Sri Lankan Parliament, Mahinda Yapa Abeywardhana and the Secretary-General Dammika Dassanayake, along with the Attorney General representing the President of Sri Lanka and IGP Deshabandu Thennakoon, have been named as the respondents of the petition.

The petitioners have also sought an interim order preventing and suspending Thennakoon from performing the functions of the IGP until the final determination of the application.