Legislature, judiciary on collision course over bar on IGP

• PM requests Speaker to ensure the SC order is declared null and void

By Yohan Perera and Ajith Siriwardana

Addressing the government’s official stance on the interim order issued by the Supreme Court preventing IGP Deshabandu Tennakoon from functioning and performing his duties, Prime Minister Dinesh Gunawardena stated yesterday that the order has no legal validity.

In a special statement made in Parliament, the Prime Minister requested Speaker Mahinda Yapa Abeywardena to ensure that the Supreme Court order is declared null and void.

Premier said the following in his statement.

The Supreme Court has issued an interim order preventing Tennakoon from functioning as the IGP. The next hearing date of the said case has been fixed for November 11. The whole nation is aware that the Presidential Election will be completed by then and it will be time for the new President to be sworn in. Preventing IGP from exercising his duty pertaining to the Presidential Election pushes the nation into a serious controversy. Parliament has been pushed into a controversy as well.

Franchise is a part of people’s sovereignty as per Article 4 of the Constitution. Article 103 (2) outlines the objective of the Election Commission pertaining to ensuring a free and fair election. The Supreme Court interim order defines that there is a possibility of extending the order beyond November 11. This is done by fixing the hearing date to November 11. The opinion of the Election Commission has not been sought before issuing the interim order. No acting IGP can be appointed unless the Constitutional Council (CC) has approved an appointment of an acting IGP as per Article 41 (c) (2) of the Constitution. Even if an acting IGP is appointed, he would be pushed into a risky position in a situation where the incumbent President also becomes a candidate in the Presidential Election.
The IGP is appointed by the President as per Article 41 (c) of the Constitution. He can be removed through a resolution approved by the majority of MPs in Parliament. There are no provisions in the Constitution for the President to appoint an acting IGP. The Supreme Court cannot expect such a situation with the given circumstances. An IGP cannot be removed in a hurry. Even the Supreme Court should follow the existing law. There are no legal provisions to prevent the IGP from performing his duties. IGP’s post has not fallen vacant. It is still held by Tennakoon. Many interpretations are made on his appointment. CC which approved his appointment is under legislature. CC is an extension of the legislature. The decision of CC is the decision of the legislature. No institution could question CC other than the legislature itself. The power which CC has to approve or disapprove appointments is a power enjoyed by the legislature. Therefore, one cannot refer matters of CC to the judiciary.
Parliament is supreme, therefore the Supreme Court cannot issue orders to the CC. The interim order issued by the Supreme Court has no legal validity. If the legislature fails to exercise its full legislative powers it will make the CC a powerless institution.

It is the President who has powers over matters pertaining to the security of the country. There are armed forces, police and intelligence units to exercise these powers. Therefore, the interim order issued by the Supreme Court prevents the President from exercising his powers over defence as per section 4 (A) of the Constitution. Therefore, Parliament does not have the capacity to accept the Supreme Court order. The Speaker should follow the rulings given by late Speaker Anura Bandaranaike, who declared that Parliament is Supreme. We request him to see that the Supreme Court order is declared null and void.