In a speech read to the Parliament today, the honourable Prime Minister challenged the validity of the interim order issued by the Supreme Court of Sri Lanka, stopping the incumbent Inspector General of Police (IGP) from functioning in his official capacity till a final decision is made by the Supreme Court on several petitions filed against the appointment of the said IGP. The petitioners claim that the incumbent IGP’s appointment by the Constitutional Council is unconstitutional and illegal, and also that due to alleged serious violations of the law and human rights, he is, in any case, not worthy of holding the top-most post in the premier law enforcement agency of the country.
The Supreme Court arrived at its decision after several days of argument where all the issues relating to the Constitution pertaining to this matter were thoroughly discussed. The Court, in its interim order, mentioned that the petitioners have established very serious grounds that required the Supreme Court to consider and to determine.
The Prime Minister’s objection aired in the Parliament was that the decisions of the Constitutional Council cannot be challenged by the Supreme Court. If this position was to be correct, the Constitutional Council itself would be considered above the Constitution itself. It is the duty of the Supreme Court alone to be the final arbiter of the constitutionality of any law or any decision by anyone functioning under the Constitution and owes allegiance to the Constitution.
The issue on which the Constitutional Council decision as conveyed to the President by the honourable Speaker is that the honourable Speaker has acted illegally and unconstitutionally in conveying what transpired at the Constitutional Council meeting which considered the suitability of the appointment of the IGP. The honourable speaker falsely attributed to himself the power to decide on a matter concerning which he did not have the power to decide on. Thus, he acted contrary to the limits of his power, and in fact, abused his power in conveying his consent for this appointment.
If the Prime Minister’s position is accepted regarding the unassailability of the decision made by the Speaker, however wrong, illegal, and unconstitutional that decision may be, then, the honourable Speaker of the House of the Parliament of Sri Lanka would be considered as holding a position where he is infallible. This of course is an absurd position regarding any mortal who merely holds power given to him by the Constitution or by a statue. The honourable Speaker is a creature of the Constitution. To turn it the other way, is to treat the honourable Speaker as a creator of the Constitution, and its sole interpreter. To give such an interpretation is ridiculous and absurd.
The Sri Lankan Constitution is based on a continuous tradition of the upholding of the principle of the separation of powers. All interpretation of various Articles of the Constitution should be done only within the framework of the overarching principle of the separation of powers, the rule of law, and the fundamental tenets of democracy.
There is no reason at all to consider the incumbent IGP as an indispensable person for the State to carry out its obligations to uphold the dignity of the State, and ensuring the protection of the people and the security of the nation. The sensible course open to any statesmen under these circumstances is to find a suitable alternative for the interim period and there is a large body of suitable persons to choose from within the Police service.
If the honourable Speaker, the Prime Minister, and the President were to make use of this opportunity to create a stir against the Supreme Court, they would be doing the greatest possible damage to a nation which is already in peril on many fronts.
The ultimate guardians of the independence of the Judiciary, the security of the Supreme Court and the other courts, and the integrity of the nation, are the people themselves. As the country is preparing for an Election for the post of the President which is to be held on 21 September, it is to be hoped that the honourable Speaker, the Prime Minister, the President, and the Government as a whole acts in a manner to protect the right of a free and fair Election to the people. This requires that no acts should be done on the pretext of protecting the incumbent IGP in order to create violence or any other disturbances that will affects the people’s right to elect their own Government in a peaceful manner.
