Court of Appeal to rule on March 17 on Deshabandu’s arrest

By Lakmal Sooriyagoda   
The Court of Appeal yesterday fixed for March 17 to deliver its order on whether or not to issue an interim order preventing the arrest of Inspector General of Police (IGP) Deshabandu Tennakoon in connection with the Weligama hotel shooting incident. 

In his writ petition, Deshabandu Tennakoon sought an order to stay the arrest warrant issued by the Matara Magistrate. The Matara Magistrate had previously ordered Tennakoon’s arrest in connection with the Weligama shooting incident. The two-judge bench of the Court of Appeal, comprising Justice (Acting President) Mohamed Laffar and Justice Sarath Dissanayake made this order when the IGP’s writ petition was taken up for support.   
President’s Counsel Romesh de Silva, appearing for Tennakoon, argued that the Magistrate’s arrest order was issued contrary to legal provisions and without recording a statement from his client.   
However, Additional Solicitor General Dileepa Peeris, PC, appearing for the Attorney General, informed court that Tennakoon was the mastermind behind the Weligama hotel operation, which led to a shooting targeting the hotel owner. He further urged court to dismiss the petition in limine, citing Tennakoon’s suppression of material facts related to the Matara Magistrate’s Court proceedings.   
When Justice Laffar asked the petitioner’s lawyer where his client was hiding and whether he would surrender before the Magistrate, Mr. Silva replied that his client had no obligation to do so.   
Silva argued that the arrest order issued by the Magistrate was erroneous. He submitted to the court that the reports filed before the Magistrate’s Court by the police could not be considered reports under Section 136(1)(b) of the Criminal Procedure Code. He contended that it was not a valid report under the law and, therefore, all subsequent proceedings should be deemed illegal. He further stated that the Magistrate had issued the arrest order without recording a statement from the petitioner.   
Dileepa Peeris submitted to the court that there were discrepancies in the petitioner’s name when compared to the affidavit attached to the petition and the name mentioned in other Fundamental Rights petitions.   
Meanwhile, he described it as a troubling situation for the Sri Lanka Police Department to seek public assistance in locating its Inspector General of Police (IGP), who had been missing since February 27. He further stated that the IGP, along with his entire family, had been missing since that date.   
Peiris also stated that on December 29, 2023, petitioner Deshabandu Tennakoon had given written instructions to the Colombo Crimes Division (CCD) to carry out a raid in Weligama. 
He alleged that the IGP had maintained a paramilitary team to fulfill a private agenda at the expense of public funds.   
Taking these facts into consideration, the Court of Appeal decided to deliver its order on February 17, determining whether or not to issue an interim order.