Failing to Enforce Justice: The National Police Commission’s Lapse in Addressing Supreme Court Ruling

Dhanushka Silva 

On December 14, 2023, the Supreme Court of Sri Lanka issued a landmark ruling in fundamental rights application No. 107/2011, holding five high-ranked police officers, including then Acting Inspector General of Police (IGP) Deshabandu Tennakoon, accountable for violating an individual’s fundamental rights. This ruling, which involved a compensation order of Rs 500,000 from each officer to the petitioner, underscores critical issues surrounding human rights and accountability within the Sri Lankan police force.

The case was filed by W. Ranjith Sumangala, who alleged that his fundamental rights were severely infringed upon during his detention at the Mirihana Police Station in 2011. The Supreme Court’s judgment affirmed that the officers involved, including Tennakoon, were responsible for illegal arrest, detention, and torture of Sumangala. This decision highlighted the broader problem of human rights violations at the hands of law enforcement officials in Sri Lanka, and the need for effective oversight and disciplinary action. Following the Supreme Court’s judgment, the National Police Commission (NPC) was directed to take disciplinary action against the implicated officers. However, recent developments reveal a concerning lack of response from the NPC.

In March 2024, an RTI (Right to Information) request was filed to the NPC by this author, seeking clarification on three questions in particular:

1. Awareness of Violation: Whether the NPC was aware that the current IGP, the 5th respondent in the fundamental rights application, was found to have violated Article 11 of the Sri Lankan Constitution, which pertains to freedom from torture.
2. Disciplinary Actions: Whether the NPC was aware of the Supreme Court’s directive to take disciplinary actions against the IGP and other officers involved.
3. Action Taken: Whether the NPC had taken any disciplinary action against the IGP following the Supreme Court’s judgment, and if so, details regarding the nature, timing, and legal basis of such actions.

In response to the RTI request, the NPC’s Information Officer acknowledged receipt and stated that steps would be taken to address the request within 14 days. However, subsequent inquiries revealed that no disciplinary action had been taken against the IGP or other officers involved, despite the Supreme Court’s clear directive.

The NPC’s failure to act on the Supreme Court’s directive raises several critical issues. Firstly, the lack of disciplinary action undermines the rule of law and accountability mechanisms intended to prevent and address human rights violations. When high-ranking officials such as the IGP are implicated in serious misconduct, it is crucial for institutional bodies such as the NPC to enforce accountability to uphold public trust and integrity within the police force. 

Secondly, the Supreme Court’s judgment was a significant step in safeguarding fundamental rights and ensuring that individuals subjected to illegal and inhumane treatment have recourse to justice. The NPC’s inaction jeopardizes these protections by failing to address systemic issues and preventing the perpetrators from facing appropriate consequences. 

Thirdly, the effectiveness of oversight bodies such as the NPC is integral to maintaining public confidence in the justice system. When such bodies fail to act on judicial directives, it erodes trust in the system’s ability to safeguard human rights and enforce legal standards.

This judgment was a pivotal moment for Sri Lanka’s legal system, emphasizing the urgent need for effective mechanisms to ensure accountability and protect human rights within law enforcement agencies. The Court’s directive required the National Police Commission (NPC) to take disciplinary action against the officers found responsible. The NPC, established as an independent body tasked with overseeing police conduct and ensuring adherence to legal and ethical standards, was expected to enforce the Supreme Court’s ruling. This oversight role is crucial for maintaining public trust in law enforcement and ensuring that officers who are found violating human rights are held accountable for their misconduct. 

The Supreme Court’s ruling against the rights violators, including the then IGP, marks a significant moment in Sri Lanka’s human rights landscape. However, the NPC’s failure to act on the court’s directive has raised serious concerns about accountability and oversight within the police force. To restore trust, protect fundamental rights, and uphold the rule of law, it is imperative for the NPC to address these issues promptly and effectively. Strengthening oversight mechanisms, increasing transparency, and ensuring compliance with judicial orders are essential steps toward reinforcing public confidence in the justice system and safeguarding fundamental rights.