Supreme Court dismisses application to Vacate Interim Order against Deshabandu

by Lakmal Sooriyagoda   

An application made by three Buddhist monks seeking the court’s permission to intervene and vacate the interim order preventing Deshabandu Tennakoon from exercising the powers and functions of the office of the Inspector General of Police (IGP) was dismissed by the Supreme Court yesterday.   
The intervening petitioners, Ven. Dr.Bellanwila Dhammaratna Thera, Ven. Kotapitiye Rahula Thera, and Ven. Prof. Agalakada Sirisumana Thera, sought the court’s permission to intervene and vacate the interim order dated July 24, 2024, which also directed the President to consider appointing a suitable person as IGP in accordance with the law during the period of the interim order.   
A three-judge bench of the Supreme Court, comprising Justice Yasantha Kodagoda, Justice Achala Wengappuli, and Justice Mahinda Samayawardena, decided to dismiss the application, citing that there was no legal basis to proceed with it.   
The intervenient-petitioners stated that the interim relief granted by the Supreme Court restraining Deshabandu Tennakoon from functioning as IGP and the President not making any appointment has an effect on the maintenance of law and order in the country and fulfilling the responsibilities during the presidential election.   
The original petitioners including Prof. Savithri Goonasekara, Niroshan Padukka, Dr.Pakiasothy Saravanamuththu, Malcolm Cardinal Ranjith, Tharindu Iranga Jayawardana, Hirunika Premachandra, Atham Lebbe Aazath, S.K Priyanga and A.N.S Soysa alleged that the intervenient-petitioners have failed to demonstrate uberrima fides (utmost good faith). They further alleged that the intervenient-petitioners are guilty of laches in as much as their application was made belatedly.   
Manohara de Silva PC appeared for the intervenient-petitioners. Viran Corea PC, Upul Jayasuriya PC, Shamil Perera PC, Saliya Pieris PC, Senior Counsel Suren Fernando, Lakshan Dias, Thishya Weragoda and Vinura Kularatne appeared for the petitioners. Romesh de Silva PC appeared for IGP Deshabandu Tennakoon. Senior Additional Solicitor General Nerin Pulle appeared for the Attorney General.