The Legal and Procedural Framework for the Removal of the Inspector General of Police (IGP) in Sri Lanka

Under the provisions of Article 41C of the Sri Lankan Constitution and the Removal of Officers (Procedures) Act No. 5 of 2002, the removal of the Inspector General of Police (IGP) is a complex and highly regulated process. The IGP is appointed by the President with the approval of the Constitutional Council. The procedure for removal requires a strict process to ensure accountability and fairness.

Process for Removal of the IGP

The President can initiate the removal process if there is evidence of misconduct, inefficiency, or other serious offenses committed by the IGP. Typically, an investigation is conducted by a committee consisting of three individuals. If the findings confirm the allegations, this can provide grounds for the removal of the IGP. The process ensures that the removal is carried out with due oversight and in accordance with the Constitution.

Legal Context of the Deshabandu Thenakoon Incident

The legal status surrounding the case of Deshabandu Thenakoon, the IGP at the center of a significant legal controversy, is particularly intricate. His appointment was suspended on July 24, 2024, following multiple constitutional petitions challenging his appointment. These petitions were filed after allegations of human rights violations and mismanagement of police actions.

The primary concerns raised against Thenakoon involved allegations of torture (from a 2011 incident ruled by the Supreme Court in December 2023), as well as his failure to prevent police violence against protestors in 2022. As per an interim order from the Supreme Court, he has been prohibited from performing his duties as IGP until these legal proceedings are concluded.

Options for the Removal of the IGP

Supreme Court Decision: If the ongoing constitutional petitions result in a final judgment declaring his appointment unconstitutional, the President would have the authority to terminate his tenure as IGP. However, this resolution is not expected to occur quickly.

Disciplinary Measures: Based on the Supreme Court's earlier ruling or new evidence, the National Police Commission could recommend disciplinary action. Such actions would require the approval of the President and further scrutiny by the Constitutional Council.

Impeachment: Should allegations of misconduct lead to a breach of public trust, Parliament could pass a resolution for the removal of the IGP. Following parliamentary approval, the President would be authorized to take action.

Criminal Conviction: If the IGP were convicted of a crime (such as in the Matara murder case or another criminal case), he would be considered unfit for office, and the removal process would proceed accordingly.

Current Situation

As of now, no formal removal has been executed. In the interim, on September 27, 2024, Senior Deputy Inspector General Priyantha Veerasuriya was appointed as the Acting IGP until the legal status of Deshabandu Thenakoon is resolved.

The delay in the formal removal of the IGP is attributed to the complex legal proceedings and the intricate constitutional machinery involved in the process.

The recent parliamentary proposal has granted the President the authority to proceed with the formal removal process, which is expected to maintain the rule of law and constitutional integrity throughout this process.

Additionally, Deshabandu Thenakoon is currently in protective custody and is set to have his bail reviewed on April 11, 2025, in connection to the Weligama murders.