The government today (25 March) handed over a motion to the Speaker to remove Inspector General of Police (IGP) Deshabandu Tennakoon from office.
Tennakoon is currently in remand over a case related to a shooting incident near the W15 hotel in Weligama. He has been suspended from his duties as IGP by the Supreme Court since July last year, but he remains the official IGP. Senior DIG Priyantha Weerasooriya has been serving as Acting IGP in his place.
The National Police Commission does not have the authority to interdict the IGP. Since the position is appointed by the Constitutional Council (CC) on the President’s recommendation, disciplinary action against the IGP falls under the jurisdiction of the President and the CC. However, his removal requires an impeachment motion to be presented in Parliament.
The removal of an IGP must follow the procedure outlined in the Removal of Officers (Procedure) Act, No. 5 of 2002, which was certified on 26 March 2002. This Act establishes a structured and transparent process for the dismissal of high-ranking officials, including the IGP. It was published as a supplement to the Gazette on 27 March 2002 and aims to ensure accountability and due process for officers appointed to key positions listed in Part II of the Schedule to Article 41C of the Constitution.
Grounds for Removal
The Act specifies eight grounds on which the IGP may be removed from office:
1.Insolvency – Being adjudged insolvent by a competent court.
2.Ill Health – Being unfit to continue due to physical or mental infirmity.
3.Criminal Conviction – Conviction for an offence involving moral turpitude, treason, or bribery.
4.Misconduct or Corruption – Being found guilty of such acts.
5.Abuse of Power – Gross misuse of authority.
6.Neglect of Duty – Significant failure to perform responsibilities.
7.Partiality – Displaying gross bias in office.
8.Loss of Citizenship – Ceasing to be a citizen of Sri Lanka.
These grounds are categorised into two procedural tracks based on their nature and severity.
Removal Process
The removal process varies depending on the grounds cited:
1. Direct Presidential Removal (Simpler Cases)
For cases involving insolvency, ill health, criminal conviction, or loss of citizenship, the President has the authority to remove the IGP directly. The President must base this decision on sufficient oral or written evidence demonstrating the existence of these conditions. This streamlined process ensures swift action in clear-cut cases.
2. Parliamentary Process with Committee Inquiry (Complex Cases)
For allegations of misconduct, corruption, abuse of power, neglect of duty, or partiality, a more elaborate procedure involving Parliament and a Committee of Inquiry is required:
Initiation: A resolution for removal must be presented in Parliament, supported by a majority of all Members of Parliament (including those absent). The resolution must be signed by at least one-third of MPs before being considered by the Speaker.
Committee Constitution: Upon approval, a three-member Committee of Inquiry is formed, comprising:
A Supreme Court Judge nominated by the Chief Justice (Chairman).
The Chairman of the Police Commission (established under Article 155A of the Constitution).
An eminent individual in law or public administration, appointed by the Speaker with the concurrence of the Prime Minister and Leader of the Opposition.
Inquiry: The Committee investigates the allegations with broad powers to summon witnesses, procure evidence (even if inadmissible in regular courts), and regulate its proceedings. Witnesses enjoy immunity similar to that in a court of law, and the Committee can exclude the public from hearings if necessary.
Findings: The Committee, deciding by majority, submits its findings to the Speaker. If guilt is established, the Speaker places a resolution for removal on Parliament’s Order Paper.
Final Vote: Parliament debates the resolution as per its Standing Orders. If a majority of all MPs (including absentees) vote in favour, the President must remove the IGP immediately.
Safeguards and Accountability
The Act includes several safeguards to ensure fairness:
Contempt Powers: Acts of disrespect or non-compliance with the Committee (e.g., failing to appear or produce documents) are treated as contempt, punishable by the Supreme Court.
Immunity: Committee members and assisting officers are protected from civil or criminal liability for lawful actions taken in good faith.
Transparency: If the IGP is found guilty, the findings lead to a public parliamentary process, ensuring accountability.