In a landmark ruling, the Court of Appeal of Sri Lanka dismissed a writ application by Inspector General of Police (IGP) Deshabandu Tennakoon, who sought to overturn an arrest warrant issued against him by the Matara Magistrate’s Court.
The decision, delivered today by Acting President of the Court of Appeal M. T. Mohammed Laffar and Judge K. M. S. Dissanayake, upheld the lower court’s order linked to a deadly police operation in Weligama in December 2023, branding the IGP’s actions as a breach of the rule of law.
The case stems from an incident on December 30-31, 2023, when a Colombo Crime Division (CCD) team, allegedly dispatched by Tennakoon, clashed with gunfire in Weligama while pursuing associates of a notorious drug kingpin. The operation turned fatal, with Police Sergeant Upali (57241) succumbing to injuries and two other officers wounded. On February 27, 2025, the Matara Magistrate issued a warrant for Tennakoon’s arrest, accusing him of orchestrating an unlawful “para-military” raid for personal motives—a charge the IGP fiercely contested as “malicious” and “politically motivated.”
Tennakoon, in his writ application (CA Writ 168/25), sought to quash the warrant and halt further investigations, arguing through his counsel, President’s Counsel Dr. Romesh De Silva, that the Magistrate lacked legal authority to issue the warrant without summons and that his constitutional rights against arbitrary arrest were violated. However, the Court of Appeal rejected these claims, citing multiple grounds.
In a scathing judgment, Justice Laffar ruled that Tennakoon suppressed critical evidence, including the Magistrate’s full case record, suggesting it would undermine his defense. The court found that the CCD team operated without proper authorization, used illegal weapons, and failed to log the raid with local police—actions that led to the sergeant’s preventable death after he was taken to a distant hospital rather than the nearest facility. “The Petitioner has not come to Court with clean hands,” the judgment stated, pointing to his evasion of arrest since late February.
The Additional Solicitor General, Dileepa Peiris, representing the respondents—including senior police officials and the Attorney General—argued successfully that Tennakoon could have appealed to the High Court instead of seeking discretionary writ relief. The court agreed, emphasizing that alternative remedies existed and that Tennakoon’s refusal to comply with the warrant while challenging it legally defied the principle of “comply and complain.”
The ruling also carried a stern warning about the broader implications. As the nation’s top police officer, Tennakoon’s attempt to shield himself from arrest “tarnishes the reputation of the Police Department and erodes public trust,” Justice Laffar noted. The court underscored the risk of social unrest if high-ranking officials evade justice while minor offenders face swift punishment, invoking historical principles of the rule of law from Ancient Rome to Britain’s Lord Coke.
The Court of Appeal ordered police authorities to execute the arrest warrant “strictly within the law” and directed the Matara Magistrate to pursue action against anyone aiding Tennakoon’s evasion. The application was dismissed with costs of Rs. 10,525 imposed on the petitioner.
