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Of arrests and due process

Of arrests and due process

03 Mar 2025



Today, the Police Department is scrambling to locate the controversial Inspector General of Police (IGP) Deshabandu Tennakoon, who was barred from travelling overseas. 

Despite an arrest warrant being issued by the Matara Magistrate’s Court in connection with a shooting incident outside a hotel in Weligama on 31 December 2023, Tennakoon remains at large. Tennakoon, who has been a controversial figure within the Police Department over the last decade, faces multiple allegations. His controversial appointment by former President Ranil Wickremesinghe, despite a conviction by the Court, put the Executive and the Judiciary at odds and drew local and international criticism.

The warrant for Deshabandu’s arrest is the latest development of a tragedy of errors in governance, where allegations of longstanding abuse of power, misconduct and politicisation revolving around Tennakoon was overlooked by former President Ranil Wickremesinghe who was looking for a ‘yes man’ to maintain law and order and suppress protest movements in the post-aragalaya era. Some observers have argued that Wickremesinghe picked Tennakoon to appease his motley coalition made up of United National Party members, Sri Lanka Podujana Peramuna members and especially the Rajapaksa political clan. The legality of Tennakoon's appointment is still a matter of contention based on court decisions, allegations, and ongoing investigations into his involvement in several custodial deaths and coerced statements which are all unfortunate hallmarks of the Sri Lanka Police and the culture of impunity which has risen within the Police Department over the last few decades.

Tennakoon’s appointment has been criticised by various parties, including human rights defenders and international organisations. While the then Wickremesinghe-led Government decided to keep him in the position and get the services of Tennakoon, which many feel is a politically-motivated decision, it is time to ask whether keeping him in the position was worth the issues attributed to him. It remains unclear whether Tennakoon will ever get the opportunity to follow the due process and seek justice for himself with regard to allegations which he has strongly denied within Sri Lanka’s judicial framework – a luxury which he and his subordinates at the Colombo Crime Division have denied the accused of several high-profile crime suspects who were in the custody.

For Sri Lanka to build a strong, impartial rule of law, due process must be upheld for all suspects, regardless of their position or status. The ongoing case surrounding Tennakoon highlights a critical issue that the country must address, i.e. the lack of accountability and transparency within the law enforcement system when it comes to powerful figures. Due process is the cornerstone of any functioning democracy because it ensures that individuals are not treated unfairly or punished without a fair trial. The recent custodial deaths of two ‘guns for hire’ post-arrest, and with the telltale excuse of, “we took them to show where the weapons were hidden” is so reminiscent of a long list of such ‘encounter deaths’, which the Police, and even Tennakoon himself have been pulled up for in the past, indicates that little has changed.

For Sri Lanka to achieve the rule of law, even high-ranking officials like Tennakoon must be subject to the same legal standards as any other citizen. The President Anura Kumara Dissanayake-led Government, which has promised to establish a more just legal framework and also a transparent governing and political culture, must prioritise reforms that restore public confidence in the judicial system and the law enforcement mechanism. This means ensuring that every suspect, whether a police officer, crime-related suspect, activist or a politician, is entitled to a fair investigation and trial. In this context, evidence-based and impartial action against Tennakoon and others allegedly involved in the above-mentioned shooting is necessary. Needless to say, allegations surrounding Tennakoon about the 9 May 2022 attack on aragalaya protestors, which is a case that needs to be seriously looked into.

If Sri Lanka is to heal from its history of political interference in the justice system, it must make a firm commitment to safeguarding due process for all. The country is waiting to see whether Tennakoon, who has allegedly denied due process to suspects arrested under his purview, will come forward to respond to the allegations against him and whether the law enforcement and justice systems will take action in accordance with the country’s law applicable to every citizen alike.

 



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