By Lakmal Sooriyagoda  

The Supreme Court yesterday permitted the petitioners to add former President Ranil Wickremesinghe as a respondent in a Fundamental Rights petition filed challenging the appointment of Deshabandu Tennakoon as the Inspector General of Police (IGP).  

The Young Journalists’ Association of Sri Lanka had filed a petition challenging the legality of the appointment of Deshabandu Tennakoon as IGP.  

In a motion before the Supreme Court, Saliya Pieris, PC, appearing for the petitioners, sought the Court’s permission to amend the petition’s caption to add former President Wickremesinghe as a respondent, as he was no longer holding the office of the President. A Supreme Court bench comprising Justices Preethi Padman Surasena and Janak de Silva permitted the petitioners to add the former President as a respondent in the petition.  

The petitioners stated that Deshabandu Tennakoon was unfit for the post of IGP and despite these disqualifications, he was appointed to the position in violation of the constitution.  
On behalf of the Young Journalists’ Association of Sri Lanka, its President Tharindu Jayawardhana, Secretary M.F.M. Fazeer and several others filed the petition alleging that the appointment of Deshabandu Tennakoon as IGP is illegal, arbitrary, irrational and contrary to and in violation of the provisions of the Constitution.  

The Petitioners state that under Article 41C(1) of the Constitution, no person shall be appointed by the President to the offices specified in the schedule to the said article unless such appointment has been approved by the Constitutional Council upon a recommendation made to the Council by the President.  

The Petitioners state that to the best of the knowledge of the petitioners, the Constitutional Council has not in terms of the requirements of the Constitution approved the recommendation of the President to appoint Tennakoon as IGP.  

The Petitioners state that the requirement of approval by the Council connotes that the Council shall not act as a rubber stamp to the President but shall be a body that approves the appointment after an objective assessment of suitability.