Prime Minister Dinesh Gunawardena stated in Parliament yesterday (26) that the Supreme Court cannot overturn decisions made by the legislature and emphasised that Parliament has no authority to remove an Inspector General of Police (IGP) from office.
The Prime Minister clarified that the position of IGP is not vacant, and hence the President does not have the power to appoint an acting IGP. He further stated that the Supreme Court has no jurisdiction to suspend the IGP from his duties and said that Deshabandu Tennakoon continues to serve as the IGP.
Gunawardena reiterated that no institution other than Parliament can question the decisions and actions of the Constitutional Council. He made these remarks in response to the Supreme Court’s interim order suspending the IGP’s duties until November 11.
In his special statement to Parliament, the Prime Minister urged Speaker Mahinda Yapa Abeywardena to intervene promptly to nullify the interim order by the Supreme Court. He insisted that if there is a need to remove the IGP, it should be done through a proposal presented to Parliament and supported by a majority of its members, which would be a lawful removal process.
Gunawardena argued that the judiciary does not have the authority to interfere in Parliamentary affairs or issue orders regarding the appointment of the IGP. Therefore, the interim injunction issued by the Supreme Court is invalid, he asserted.
The Prime Minister emphasised the separation of powers within a democratic system, highlighting that the executive, legislature and the judiciary have distinct roles. He warned that undermining constitutional guidelines could lead to significant disruptions and emphasized the importance of maintaining the supremacy of Parliament.
He mentioned the critical role of Parliament in preserving the nation’s constitutional framework and expressed confidence in the Speaker’s ability to handle the situation judiciously. Gunawardena highlighted that any issues regarding the IGP’s position should be addressed within the framework of Parliamentary procedures.
Gunawardena also pointed out the upcoming presidential election scheduled for September 21 and stressed the importance of having a stable and compliant police force to support the Election Commission. He argued that suspending the IGP at this juncture could lead to significant unrest and hinder the election process.
The Prime Minister emphasised that Article 103(2) of the Constitution outlines the Election Commission’s objectives to conduct free and fair elections.
He noted that the interim order issued by the Supreme Court to suspend the IGP’s duties until November 11 needs to be nullified, as it currently undermines the stability required for the upcoming Presidential Election.
Gunawardena explained that according to Article 41(A)II of the Constitution, no person can serve continuously as the IGP for more than 14 days unless such an acting appointment is approved by the Constitutional Council on the President’s recommendation. He warned that having an acting IGP during an election period, especially when the incumbent President is a candidate, poses significant risks.
Gunawardena concluded by urging Parliament to uphold its authority and address the matter within the constitutional framework, ensuring that the rule of law is maintained and that the electoral process proceeds smoothly.