• Journos write to NPC urging Deshabandu’s removal  
• Comm. to consider all matters before deciding

The National Police Commission (NPC) is currently grappling with the issue of whether or not it could initiate disciplinary action against Acting Inspector General of Police (IGP) Deshabandu Tennakoon, whom the Supreme Court (SC) recently held, had – along with two other police officers – violated the fundamental rights (FR) of an individual by illegally arresting and detaining him.

Ruling that three police officers including Tennakoon had violated the FR of an individual by illegally arresting and detaining the latter 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 NPC to initiate disciplinary action against them.

When contacted regarding the matter, the NPC Chairman, retired High Court Judge E.W.M. Lalith Ekanayake, noting that he does not make comments to the media, therefore informed The Daily Morning to make queries, if any, from the NPC’s Media Division. Speaking to The Daily Morning, an officer from the said Division said: “To my knowledge, the NPC has not officially received the relevant SC order. Once it reaches the Commission, its members will discuss the matter and take a decision on it. There is also a doubt as to whether the Commission can take action against Tennakoon, given that he is currently the Acting IGP. All these matters will have to be considered.”

Meanwhile, the Young Journalists’ Association (YJA) has requested the NPC to take disciplinary action against the relevant police officers including Tennakoon in connection with the same matter. In a letter addressed to the NPC, the YJA stated that the SC order was not to initiate a disciplinary inquiry against the relevant officers but to take appropriate disciplinary action against them.

“As the SC has confirmed that Tennakoon and other officers have illegally arrested, detained, and tortured a citizen in a cruel and inhumane manner, there is no need for further disciplinary investigation, and therefore, the NPC should take appropriate disciplinary action,” the YJA said.

Accordingly, the YJA has requested the NPC to remove the relevant police officers including Tennakoon and the Officer-in-Charge of the Maligawatta Police Station from their respective positions and then from the police service. The letter further read that allowing such officers to serve in the Police Department further would result in the public trust in the Police and the NPC being damaged, as well as broad international discussions on the matter.

Concluding the hearing of the petition, the SC held that the respondent police officers including Tennakoon had 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 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 law.