Has the Nilantha Jayawardena fiasco shaken the police department in its entirety? ‘Yes, to an even broader extent’, one policeman quipped.
When Inspector General of Police Chandana Wickramaratna made an administrative move to appoint Senior Deputy Inspector General of Police Nilantha Jayawardena to head the police administration, it irked many, including the Catholic Church.
Rev. Father Cyril Gamini Fernando appeared before the media to carry forward the concerns of Archbishop Malcolm Cardinal Ranjit.
Rev. Fernando expressed his point of view and the displeasure of the Catholic Church about the upcoming appointment.
He is likely to be appointed Inspector General of Police (IGP) shortly after the current police chief retires. Therefore, for the time being, he becomes the second in command of the police department.
During one of his homilies before retirement, the IGP exposed the shameful squabble over succession among three senior police officers.
Although he refrained from mentioning their names, those familiar with the police knew who they are. The senior police officers in the position are Nilantha Jayawardena, Deshabandu Tennakoon, and Lalith Pathinayake. All three joined as apprentice Assistant Superintendents of Police, Nilantha Jayawardena being the senior.
The IGP had hardly any choice but to appoint someone senior to the administration division following the retirement of Nandana Munasinghe. He made it a point to express his views on the current predicament of the police department at the farewell accorded to Munasinghe. He said that he never intended to make speeches at his retirement in March, so he decided to speak his mind at the farewell of senior DIG Munasinghe.
As he pointed out, the bickering at the top of the police department was shameless and disparaging.
Wickramaratna said the position of IGP is not something an individual can usurp by force.
With the announcement of the retirement of the IGP, there appeared to be a flurry of activity that led to a frenzy among some with several political manoeuvres being adopted by the top three officers of the police to grab the senior position next to being the IGP.
It is a step towards becoming the next police chief they thought.
Wickramaratna moved ahead according to protocol and appointed Nilantha Jayawardena to head the administrative division of the police with approval from the Police Commission—a not-so-independent commission appointed by then President Gotabaya Rajapaksa through his ill-fated 20th Amendment.
However, the decision by the IGP came under heavy fire from the Catholic Church since Nilantha Jayawardena, in their assessment, has been allegedly accused of dereliction of duty when he had in his possession ample evidence regarding the impending attack on Catholic churches on Easter Sunday in 2019.
During a press conference organized by the Bishop’s House last week, Father Cyril Gamini Fernando said that Jayawardena was a key person who did not prevent the brutal Easter Sunday attacks despite knowing about it in advance.
Father Fernando pointed out that in Chapter 13 of the Presidential Commission Report, it is noted he has neglected his responsibility. After sifting through the evidence, he also brought to the attention of the country that Jayawardena has criminal liability for not preventing the Easter attack.
It was emphasized here that the Attorney General should consider filing a criminal case against Jayawardena under the relevant provisions of the Penal Code.
Rev. Fernando also said that President Ranil Wickremesinghe is also making clear the need to protect Jayawardena. This is to hide the truth behind the Easter Sunday bombings. The Father also said that it is a disgraceful act to hide the conspiracy behind the Easter Sunday attack and protect criminals as well.
Justice and fairness are also essential ingredients for developing a country and maintaining a proper balance, he said.
“Through such appointments, the supremacy of the country’s law is undermined and challenged,” said Father Fernando.
The priest added that the highest-ranking senior officers in the Sri Lanka Police have been accused of not preventing the Easter attack.
However, appointing Jayewardene to the top slot in the police is a rigorous process since, according to the 21st Amendment to the Constitution which sailed through Parliament after the repeal of the 20th Amendment, the appointment of the IGP is subject to the approval of the Constitutional Council headed by Speaker Mahinda Abeywardene, and of which Prime Minister Dinesh Gunawardene and opposition leader Sajith Premadasa are also members. The Council also comprises civilian members and there has been no agreement on their appointment so far.
The Council itself is tasked with recommending members to the independent commissions and maintaining and monitoring their work. . In the case of appointments to high office such as that of the IGP, the Constitutional Council recommends to the President who should be appointed after the President sends in nominations. There are doubts whether it will approve an appointment such as that of Jayawardena because of his dereliction of duty linked to the Easter Sunday attacks.
Meanwhile, Jayawardena is in the process of absolving himself of the charges levelled against him. However, the Catholic Church is determined to launch a relentless campaign against his appointment as IGP. Under these circumstances, it is somewhat unclear the government may consider appointing him as the next IGP.
Jayawardena has said he discharged his duties efficiently and diligently. ‘However, some top people put up shutters for the Sinhala-Tamil New Year, while others left the country for holidays at overseas destinations. Why am I being held accountable for the blatant act of dereliction’, he asked after speaking to an electronic media outlet when the president didn’t answer his frantic calls. He also claims he informed the chief of national intelligence, but nothing was done preemptively to stop the attacks.
But now his claims have been negated by none other than the country’s apex court, the Supreme Court. The Court censured him and directed the authorities to take appropriate action against him for his lapses and failures.
The Court observed the following in its judgment on fundamental rights violations by the former President and top bureaucrats in his entourage:
“We must express our shock and dismay at the deplorable lack of oversight and inaction that we have seen in the conduct of affairs about security, law and order, and intelligence. There are glaring examples of a lack of strategic coordination, expertise, and preparedness that need a critical examination as to the way forward. The failures that eventuated in the Easter Sunday attacks and the concomitant deaths and devastations have left behind an indelible blot on the security apparatus of the country, and this country, which is blessed by a multi-cultural and multi-religious polity, cannot be left to the vagaries of these follies and made to suffer, leading to violence, fear, apprehension, and uncertainty.
The Supreme Court also ordered Jayewardene to pay 75 million rupees to a victim fund which is to be set up at the Office of Reparation as compensation for the victims of the attacks.
Jayawardene may as well kiss goodbye to his ambition for the coveted post. This is because his application would never make it through the Constitutional Council owing to the strictures passed by the Supreme Court. There is no review available since the judgment is from a full bench of the Supreme Court.
