The Sri Lanka Bar Association has strongly condemned the government’s recent attempts to undermine the Supreme Court’s interim order regarding the appointment of Deshbandu Tennakoon as the Inspector General of Police.
In a statement, the Bar Association emphasized that the government’s claim that the Supreme Court lacks the authority to question appointments made by the President and approved by the Constitutional Council is “completely unacceptable.”
“The decisions of the Constituent Assembly clearly fall within the fundamental rights jurisdiction of the Supreme Court (as per Article 411 of the Constitution). It is equally clear that under Article 35 of the Constitution, following the 19th Constitutional Amendment, the exercise of the President’s powers, except the power to declare war and peace, is subject to the fundamental rights jurisdiction of the Supreme Court,” stated the Bar Association.
The association further asserted that a three-judge panel of the Supreme Court had heard all parties, including the Attorney General and Inspector General of Police Tennakoon’s lawyer, and had issued an interim order preventing Tennakoon from exercising his duties, functions, and powers. The court also granted permission for the case to proceed.
“With the consent of all parties, including the Attorney General and all lawyers, the cases have been scheduled for hearing on November 11, 2024,” the Bar Association added.
The Bar Association emphasized that the Supreme Court’s authority to review the President’s appointments is firmly established within Sri Lanka’s constitutional framework. This includes oversight of decisions made by the Constitutional Council under Article 411 and the powers of the President altered by the 19th Amendment under Article 35.
Reaffirming the independence of the judiciary, the Bar Association declared that the Supreme Court’s decisions cannot be overruled by any other institution, including the Prime Minister or the Speaker.
The Bar Association warned that if the government fails to respect court decisions, public confidence in justice will be undermined, putting democracy at risk.
