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‘3rd service extension to IGP can be challenged in SC’

‘3rd service extension to IGP can be challenged in SC’

19 Oct 2023 | BY Buddhika Samaraweera

  • Prez grants 3rd svc. extension to IGP Wickramaratne despite CC veto 


Since President and Defence Minister Ranil Wickremesinghe has decided to act regardless of the decision of the Constitutional Council (CC) not to approve the three-week service extension granted to Inspector General of Police (IGP) Chandana D. Wickramaratne, if anyone opposes it, they can challenge it (President's move) before the Supreme Court (SC), claimed a CC member.

Wickramaratne, whose first and second three-month service extensions expired on 26 June and 9 October, respectively, was granted another three-week service extension by President Wickremesinghe on 13 October, but the same was not approved by the CC, which met on Tuesday (17).

When contacted by The Daily Morning yesterday (18), a member of the CC said that the President had decided to act regardless of the CC's decision, adding however that the CC could not do anything regarding it. "The President has resorted to act regardless of the CC's decision not to approve it (three-week service extension granted to Wickramaratne). We cannot do anything about it. However, if there is anyone against it, they can go before the SC and challenge it."

Commenting on what happened at the CC on Tuesday, he said: "The role of the CC is very clear. When the President refers us a nomination, we only have to approve whether the relevant person is eligible to hold that position or not. Besides, we cannot express an opinion as to whether the appointment is right or wrong. In this case, what we approve of is not the service extension, but the person. Referring to the name of a person who was earlier approved by the CC is also something that is meaningless. However, the President referred us to a name. Some were in agreement, and some were not. Finally, it was decided not to approve the service extension."

Despite the approval not having been granted by the CC, it was reported that President Wickremesinghe, who is currently out of the country, had reappointed Wickramaratne as the IGP. While on a four-day official visit to China, the President has reportedly given instructions to the relevant higher-ups from Beijing to make the necessary arrangements to reappoint Wickramaratne as the IGP for a period of three weeks.

Wickramaratne was appointed as the Acting IGP in April, 2019, and was confirmed in the position on 25 November, 2020. He was scheduled to retire in March, 2023, and was granted a three-month service extension by the President, which ended on 26 June. The Police Department functioned without the presence of an IGP for about two weeks, until Wickramaratne was again granted the second three-month service extension by the President on 9 July, which came to an end on 9 October. He was then granted the third service extension for another three weeks on 13 October, a move which has seen opposition from several parties.  

Per Article 41C(1) of the Constitution, "No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article (includes the IGP in Part II of the Schedule), unless such appointment has been approved by the CC upon a recommendation made to the CC by the President".




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