Constitutional dilemma over IGP: Election Commission writes to Secretary to President

By Kelum Bandara   

The Election Commission wrote to Secretary to the President Saman Ekanayake asking for expeditious steps to appoint an Inspector General of Police (IGP) in acting or permanent capacity for the smooth conduct of the election, an official said.  

Current IGP Deshabandu Tennakoon has been barred from performing duties by the Supreme Court. It has led to a constitutional conundrum leaving the Commission at a loss to determine whom to be addressed in the police for security arrangements required in the conduct of the Presidential election.   

The Supreme Court gave an interim order in this regard based on the petitioners who moved it that Mr. Tennakoon’s appointment would result in a direct attack on the Rule of Law, and a consequent denial to the Petitioners and the citizens’ rights guaranteed by Article 12(1) of the Constitution and ignoring clear constitutional provisions in particular article 41(E) 4, concerning manner of voting in the constitutional council when only four members have voted in favour of such appointment.   

According to the Constitution, the Commission should communicate with the IGP after an election or a referendum is declared.   

The Commission which held its regular weekly meeting yesterday took stock of the situation triggered by the absence of a performing IGP and wrote to the Secretary to the President asking for steps to address the issue.