FR petition challenges CC’s recommendation for Bribery Commission DG appointment

By Lakmal Sooriyagoda

A Fundamental Rights petition has been filed challenging the appointment of High Court Judge Ranga Dissanayake as the Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

When this matter was taken up before the Supreme Court two-judge-bench comprising Justices Kumudini Wickremasinghe and Menaka Wijesundera, the petition was fixed for support on April 1.

The petitioners - Wewalduwe Gnanaprabha Thera, Chairman of the Foundation for Rule of Law and Justice Shan Senanayake, and Witiyala Kavidhaja Thera filed this petition as public interest litigation, naming the Chairman of the Constitutional Council, Speaker Jagath Wickramaratne, Prime Minister Harini Amarasuriya, members of the Constitutional Council, Director General of the Bribery Commission Ranga Dissanayake, and several others as respondents.

The petitioners maintained that Deputy Solicitor General Madhawa Tennakoon had secured the highest marks in the interview conducted by the Constitutional Council; therefore, the Council should have recommended his appointment to the President for the post of Director General of the Bribery Commission.

The petitioners are seeking an order directing the Constitutional Council to duly forward a fresh recommendation, based on the interview marks, held on December 30, 2024, and recommending the candidate who secures the highest marks at the said interview, and to forward the said recommendation to the President.

The petitioners state that applicants had been requested to forward their respective applications to the office of the Secretary General of the Constitutional Council, before 28th October 2024.

The petitioners state that according to the above notice, the Secretary General has called upon only Attorneys-at-Law with at least 15 years of experience and sound knowledge in criminal prosecutions, to apply for the post of Director General of the Bribery Commission.

The petitioners further said that the Constitutional Council had decided to interview all the applicants who applied for the post, in order to recommend the most qualified Attorney-at-Law who duly fulfills the qualifications stipulated in the Act, to be appointed as the Director General.

The petitioners stated that Deputy Solicitor General Madhawa Tennakoon at the Attorney General’s Department who has worked as a prosecutor for 27 years had scored the highest marks at the interviews and had topped the merit list over and above all the other candidates.

The petitioners are challenging the decision of the Constitutional Council to recommend High Court Judge Ranga Dissanayake to be appointed as the Director General of Bribery Commission since DSG Madhawa Tennakoon had scored the highest marks at the interviews conducted by the Constitutional Council.

Sanjeeva Jayawardena PC with counsel Rukshan Senadheera appeared for the petitioners.

M.A. Sumanthiran PC appeared for the three civil society members of the Constitutional Council. Romesh de Silva PC appeared for the 20th respondent, Madhawa Tennakoon, DSG.