The Lawyers' Collective has raised concerns regarding the prolonged absence of an appointment for the position of Inspector General of Police (IGP) in accordance with the Sri Lankan Constitution. The Collective emphasizes that this vacancy has had a profound impact on the Police Department and the criminal justice system.
Over the past eight months, the President has repeatedly extended Mr. C D Wickremeratne's tenure as IGP, even after he surpassed the age of compulsory retirement. Another purported extension, made without the approval of the Constitutional Council, was noted to have occurred on or around November 3, 2023.
The Lawyers' Collective points out that this leadership vacuum has contributed to a significant erosion of public confidence in the Sri Lanka Police over several decades. Issues such as a lack of independence, politicization, instances of torture, custodial deaths, and a lack of professionalism have all contributed to diminishing trust in the police force.
The recent Supreme Court case of Mohammed Rashid Fathima Sharmila v K.W.G. Nishantha and others (SCFR 398/2008- S.C.M. 03.02.2023) highlighted the loss of credibility within the police force, underscoring the need for professional conduct and trustworthiness among law enforcement personnel.
In light of these circumstances, the Lawyers' Collective stresses the urgent need to restore public confidence in the Sri Lanka Police, as it is critical for the proper administration of justice and the rule of law.
The Collective reminds that, in accordance with the Constitution, Article 41C, the President has a duty to nominate an IGP candidate who must be approved by the Constitutional Council. Both the President and the Constitutional Council bear the responsibility of ensuring that the selected individual possesses an exemplary service record, is free of any blemishes, and has the capability to rebuild trust in the police force.
The Lawyers' Collective also emphasizes the need for the highest norms and standards of good governance guaranteed by the Constitution to be upheld in the selection of the Inspector General of Police. It asserts that individuals with pending allegations of violating fundamental rights or involvement in unlawful activities, including torture and police brutality, should not be considered for this appointment. The Collective stresses that seniority is just one consideration, and the most suitable candidate must be nominated for the role.
Additionally, the Lawyers' Collective suggests that the Constitutional Council should establish rules governing its procedures and processes before approving the appointment of the Inspector General of Police. This measure is intended to ensure a rigorous, merit-based, and accountable decision-making process.
The Lawyers' Collective is a coalition of legal professionals, individual lawyers, and legal academics working to safeguard democracy, the rule of law, and the independence of the judiciary in Sri Lanka.
