The court after considering 9 fundamental rights violation petitions filed by Cardinal Malcolm Ranjith and others seeking an order canceling the decision taken by the President to appoint Deshabandu Tennakon as the Inspector General of Police has given this order.
While the High Court has granted permission to hear the said petition, an interim order has been issued pending the completion of the hearing on the said petition.
Accordingly, the High Court has ordered the President to take steps to appoint a suitable person for the post of Inspector General of Police as per the law during the period when this interim order is in force.
This order was issued when these petitions were considered in the presence of three judges of the High Court, namely Yasanda Gotakoda, Achala Venkapuli and Mahinda Samayawardana.
Pronouncing the order, Chief Justice Yasanda Kothagoda said that the petitioners have confirmed that the petitioners have established a massive case.
Accordingly, the court has decided to conduct a trial against the Attorney General, Speaker Mahinda Yaba Abeywardhana and Deshabandhu Thennakone on behalf of the President who are named as defendants in the said petition.
Apart from that, until this petition is heard, the panel of judges declared that the defendant, Deshabandhu Thennakone, is barred from serving as the Inspector General of Police, exercising his powers and performing his duties.
If there are any objections regarding the petitions, the panel of judges ordered to file them within 6 weeks and ordered to take up the petitions again on November 11.
The High Court has recently considered the fundamental rights violation petitions filed seeking to invalidate the appointment of Deshabandhu Tennakon as the Inspector General of Police.
These petitions were considered before a three-judge bench of the High Court comprising of Yasanda Kotakoda, Achala Venkapuli and Mahinda Samayavardhana.
Speaking on behalf of the defendant, President Advocate Romesh de Silva told the court that the Constitutional Council is an independent body beyond the executive power and that fundamental rights petitions cannot be filed against the decisions of that body and requested that the petitions be dismissed without hearing.
Meanwhile, Additional Solicitor General Nerin Pulle, appearing on behalf of the Attorney General, who is named as the respondent in the relevant petition, requested that these petitions be dismissed without hearing.
The Additional Solicitor General, who pointed out that the name of Deshabandhu Tennakon has been officially recommended by the President to the Constituent Assembly and has been legally approved by the Constituent Assembly, said that decisions cannot be made based on hearsay and unsubstantiated facts.
Meanwhile, the petitioners have mentioned in their petitions that their fundamental rights have been violated by appointing Deshabandu Tennakona in the said post, which is related to various criminal activities and prosecutions.
