In a perplexing twist of legal and administrative complexity, the reappointment of the Inspector General of Police (IGP) has raised a chorus of concerns and questions about its legality and potential external influences. 

Pivithuru Hela Urumaya (PHU) Leader and MP Udaya Gammanpila has sounded the alarm, challenging the timing of IGP C.D. Wickramaratne’s second service extension, granted nearly two weeks after his retirement in March 2023. 

As the nation grapples with this unprecedented scenario, the IGP’s tenure has become a subject of controversy, setting a potentially troublesome precedent. 

At the heart of the matter lies a Constitutional Council with a vacant seat and a hierarchy of senior officers within the Police Department, adding layers of complexity to this intricate puzzle. All of this unfolds against the backdrop of Sri Lanka’s intricate political landscape, sparking questions about the future of law and order in the country.

Gammanpila has raised concerns regarding the legality of the service extension granted to IGP Wickramaratne, nearly two weeks after his retirement on 26 March 2023. Wickramaratne received his second service extension on 9 July.

“Legally an extension can be given only while he is in service. His first extension was given two weeks after his retirement. You cannot give an extension to a person who is not in service. The first condition is that he must be in service. The second condition is that his immediate superior should inform the appointing authority that his departmental functions cannot be discharged without the IGP in service because there is no proper replacement. That is the logic behind needing an extension. The IGP’s immediate superior is the Secretary to the Ministry of Public Security and as far as I know, no such report has been given to the President by the Secretary.” 

Gammanpila has posed the question of whether outside influences may have played a role in the decision to retain Wickramaratne in the Wickremesinghe-Rajapaksa Government, succeeding Pujith Jayasundara following the 2019 Easter Sunday attacks.

Notably, such a controversy surrounding an extension of service has not been witnessed since the establishment of the Constitutional Council (CC) with the enactment of the 17th Amendment to the Constitution.

“This is an unprecedented situation and has an impact on law and order of the country. This is the first time that an IGP has been allowed to serve beyond his tenure for such a long period. It sets an extremely bad precedent,” Gammanpila said. 

In accordance with the Constitution, the President is responsible for notifying the Constitutional Council of his nominee for the post of IGP.

The Constitutional Council, comprising Speaker Mahinda Yapa Abeywardena as Chairman, Premier Dinesh Gunawardena, Opposition Leader Sajith Premadasa, Nimal Siripala de Silva, Kabir Hashim, Sagara Kariyawasam, Dr. Prathap Ramanujam, Dr. Anula Wijesundera, and Dr. Dinesha Samararatne, currently has one vacant position due to the inability of political parties not represented by the Prime Minister and Opposition Leader to reach a consensus on their nominee. This vacancy has persisted for more than a year.

Within the ranks of the current Police Department, the top three senior officers include Senior DIG (Administration) Nilantha Jayawardena, Senior DIG (Central Province) L.S. Pathinayake, and Senior DIG (Western Province) Deshabandu Tennakoon. Notably, the second-ranking officer within the Police Department traditionally assumes the role of Senior DIG Administration.

The remaining senior DIGs, following the seniority list, are W.L.A.S. Priyantha (SDIG/Crimes and Traffic), P.P.S.M. Dharmaratne (SDIG/Sabaragamuwa, who also acts as SDIG/Uva), S.C. Medawatte (SDIG/South), W.K. Jayalath (SDIG/North Western), R.L. Kodituwakku (SDIG/Support Services), M.D.R.S. Daminda (SDIG/North Central, who also acts as SDIG/Eastern), K.A. Rohana (SDIG/Police Headquarters), L.K.W.K. Silva (SDIG/Medical Services, Welfare, and Field Force Headquarters), and K.P.M. Gunaratne (SDIG/Northern).

It’s noteworthy that out of the top three senior officers, two, namely Nilantha Jayawardena and Deshabandu Tennakoon, were identified by the five-member Presidential Commission of Inquiry (PCoI) tasked with investigating the 2019 Easter Sunday attacks. 

The PCoI submitted its final report to the Attorney General, recommending the consideration of potential criminal proceedings, possibly under suitable provisions in the Penal Code. This action pertains to SDIG Jayawardena, who held the position of Director of the State Intelligence Service (SIS) during the time of the Easter Sunday bombings.

Senior Deputy Inspector General of Police (SDIG) Deshabandu Tennakoon was earlier recommended to the Constitutional Council for appointment as IGP by the President.

However, various groups from society, including the Bar Association of Sri Lanka and the Archbishop of the Catholic Church, Cardinal Malcom Ranjith, were critical of the nomination and consequently the SDIG’s name was withdrawn. 

Meanwhile, Minister of Public Security Tiran Alles revealed that IGP Wickramaratne had received his third extension till the end of the month. 

“His services have been extended till 31 October,” Minister Alles said, adding that any Police officer could be nominated to the post of IGP and it need not be a senior-most officer in the Police Department. 

Speaker of Parliament and Constitutional Council Chair Mahinda Yapa Abeywardena told The Sunday Morning that no name had been nominated to the Constitutional Council. 

“No names have been nominated, nor has the President indicated a timeline as to when he will be nominating a name for the post of IGP to be considered by the Constitutional Council.”