They should be immediately transferred or suspended when they are charged with serious offenses as well as fraud and corruption in the public service. It is mentioned in Sections 30 and 31 of XLVIII of the Establishments Code as well as in the sub-clauses of those sections. Although the president has many powers, he is not in a position to exert pressure to do so. He is sworn in, promising to uphold the Constitution. Accordingly, the President has no power to compel the disenfranchisement of any act, but has the power to grant amnesty to persons who are found guilty after a trial. It also authorizes appointments and removals.
Police officers are public servants. The same is true of military officers as well as soldiers. However, the relevant Acts state how penalties can be imposed on military officers as well as soldiers. But they are all subject to the basic law, and the Code of Criminal Procedure, as well as the Evidence Ordinance and, above all, the Constitutional Law, exist in dealing with them. But some officers in some forces have enacted laws and regulations contrary to that basic law. They are illegal.
On the 9th a black spot joined the south of Sri Lanka. The South caught fire that day due to the fault of the police officers in charge of the Western Province. The guilt of not knowingly preventing this from happening has already been proven. According to the videos of that day, the main accused in the case is the DIG of the Western Province, Deshabandu Tennakoon. Recently, the Magistrate’s Court also stated that the police are following a double standard. According to senior police officials, he said in the video that day as well as in the zoom discussions held the previous day, “No one should use water cannons or tear gas”. Mr. Tennakoon has also admitted that he was aware of the attack. They are proven facts. There is nothing strange to prove.
That he had committed offenses under the Establishments Code 31: 1: 1, 31: 1: 2, 31: 1: 9, 31: 1: 11, 31: 1: 13, 31: 1: 14, on the basis of his acceptance and conduct on that day. There is clear evidence. But according to the law, they have to be filed through proper procedures. According to the matters mentioned above, according to Section 31: 1: 15 of the Establishments Code, the presence of an accused in that service is a serious defamation to the Police Department. He is also causing a great deal of public unrest. What needs to be done, therefore, is to seek his own protection and conduct an independent inquiry into his suspension.
In the light of the above, his work should be suspended by a preliminary inquiry. However, the Attorney General, who is the head of public protection, has initially decided that Deshabandu Tennakoon’s stay in office is an obstacle. Also, the public as well as the police are looking at him with disbelief as the investigation is still not going in the right direction. Article 31: 5: 1 of the Establishments Code authorizes his suspension, even without a preliminary inquiry. He also admitted that he knew about the attack that day. There are also plenty of videos of his behavior that day. His guilt is clear. In such a case too, action should be taken in accordance with Section 31: 5: 2. Also, a court case has already been filed against him on criminal charges. In such a case, action should be taken under Section 31: 5: 3 of the same Code.
In addition, cases have already been filed against him under the Penal Code of Ceylon. According to the information available to us, fundamental rights cases are to be filed against him.
This is the law of the land. The attorney general’s order to transfer him must have been based on allegations that he was being pressured to carry out preliminary investigations. But he should still be suspended under the above clauses. This is not the law of another planet or another land. It is a law enacted for the maintenance of public service as well as public order. If it is not enforced, the competent disciplinary authority which does not enforce it can be prosecuted under all the charges in the Establishments Code mentioned above as well as the provisions of the Sri Lanka Penal Code for non-compliance with statutory provisions. The proper disciplinary authority is the IGP and it is his responsibility to carry out the duties of the IGP properly.
