A tense situation emerged in Parliament after Prime Minister Dinesh Gunawardena declared that the restraining order issued by the Supreme Court preventing IGP Deshabandu Thennekoon from functioning in his post is illegal.
Opposition MPs argued that an acting IGP should be appointed while the ruling party MPs argued that a new appointment cannot be made as the post is not vacant.
Stay order to bar Deshabandu from functioning as IGP illegal: PM
The stay order issued by the Supreme Court preventing Tennakoon from functioning as the IGP is illegal, said Gunawardena.
"Tennekoon still functions as the IGP," he said.
Special procedure needed to remove official appointed by CC: Speaker
The Speaker and Chairman of the Constitutional Council (CC) said that removing the IGP requires a special procedure and the situation with regard to the IGP cannot be resolved by the President, and the matter must be sorted out in court if necessary.
Mahinda Yapa Abeywardena, announcing his stance on the injunction order on the IGP issued by the Supreme Court, told Parliament that in terms of the Constitution, if an official appointed by the Constitutional Council and Parliament is removed from the position, a special procedure needed to be followed and that in his opinion the President is also not in a position to take a decision on the Supreme Court's injunction order on the IGP.
"If not, we will have to go before the Supreme Court again to resolve the matter," he said.
The Speaker refuted claims that a wrong decision taken by the Speaker in the appointment of the IGP has led to the whole episode and said he took the decision to vote to appoint the IGP as per the Constitutional provisions.
Sajith asks President to resign if he cannot uphold SC Order
Opposition Leader Sajith Premadasa challenged President Ranil Wickremesinghe to step down, if he cannot appoint an Acting IGP as per the Supreme Court Order.
He told Parliament that the President must uphold the Injunction Order issued by the Supreme Court and appoint an Acting IGP.
"The President cannot get away from this issue,” he said.
“He is the President even today. His responsibilities do not cease even if he becomes a Presidential candidate. His responsibility is to appoint an Acting IGP when there is no IGP.
“Ask the President to resign if he cannot do that. Then, the Acting President can function according to the law of the country. He is trying to resort to an unconstitutional act," he charged.
(Daily Mirror)
