• queries whether someone convicted of ‘nothing but torture’ is entitled to hold public office

The Bar Association of Sri Lanka (BASL) will soon make some recommendations on the actions to be taken with regard to the recent Supreme Court (SC) judgement which ruled that the Acting Inspector General of Police (IGP) Deshabandu Tennakoon, along with two other Police officers, have violated the fundamental rights (FR) of an individual by illegally arresting and detaining him, The Daily Morning learns.

Ruling that three Police officers including Tennakoon have violated the FR of a person by illegally arresting and detaining him in 2011, the SC, on 14 December, ordered each of them to pay Rs. 500,000 as compensation to the relevant person, and also ordered the National Police Commission (NPC) to initiate disciplinary action against them. With the said judgement, several parties have questioned the legality of Tennakoon's appointment as the Acting IGP.

Speaking to The Daily Morning, the BASL President, Kaushalya Nawaratne said that the BASL is at present looking into the matter. "Hopefully, we will make some recommendations on what should be done, and present our position on this matter. This is nothing but torture that the apex Court of the country has found him (Tennakoon) guilty of. Therefore, whether he is entitled to hold public office is a question. We are looking at it, and we will come out to the public with our recommendations very soon."

Concluding the hearing of the petition, the SC held that the respondent Police officers including Tennakoon have violated the FR of the petitioner guaranteed by the Constitution including Article 11 which states that no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Article 12(1) which states that all persons are equal before the law and are entitled to the equal protection of the law, Article 13(1) which states that no person shall be arrested except according to the procedure established by the law and also that any person thus arrested shall be informed of the reason for his/her arrest, and Article 13(2) which states that every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to the procedure established by the law and shall not be further held in custody, detained or deprived of liberty except upon and in terms of the order of such judge made in accordance with the procedure established by the law.