The Bar Association of Sri Lanka (BASL) former President Saliya Peiris yesterday warned any Government stance rejecting the Supreme Court’s order on the appointment of the Inspector General of Police (IGP) will deal a significant blow to the rule of law and democracy.
“Such a move could propel the nation towards dictatorship,” Peiris alleged.
Taking to his social media account, Peiris said despite potential Government claims to the contrary, Deshabandu Thennakoon, the suspended IGP, holds no right to continue in his role. Peiris said continuing to function as IGP will expose him to personal contempt of court charges. Additionally, any actions or orders contradicting the Supreme Court’s directive will lack legal validity in the long term.
Peiris is also representing one of the nine parties that have filed a petition against Thennakoon.
Peiris highlighted historical instances of high-level political efforts to circumvent court orders. He cited the 1980/81 case when the Court of Appeal unseated Kalawana MP Abeyratne Pilapitiya.
“The MP secured a Speaker’s ruling to remain in Parliament despite the court’s decision, prompting the Elections Commissioner to proceed with a by-election. The then-President J.R. Jayewardene introduced a constitutional amendment to allow two representatives for Kalawana, an amendment deemed by the Supreme Court to require a referendum. Ultimately, Pilapitiya resigned, and Sarath Muttettuwegama of the Communist Party took his rightful seat following the by-election,” he recalled.
Peiris said while recent developments indicate that President Ranil Wickremesinghe has informed the Speaker that he will abstain from appointing an acting IGP, citing advice from his legal team regarding potential election petitions, Peiris criticised this as another shameless attempt to bypass the court order. He highlighted the President’s constitutional duty to make necessary appointments irrespective of upcoming elections. Peiris asserted that failing to do so constitutes a dereliction of duty, suggesting that the President should temporarily step down if unable to perform these essential functions.
