• Insists as Head of Police Department, Deshabandu must set example by adhering to the law
• Proper course of action is not to evade but to challenge arrest order through legal mechanisms
• By evading arrest, Deshabandu undermines very legal system he is duly bound to uphold
• Such actions not only weaken public confidence in the judiciary but also set a dangerous precedent

The Court of Appeal yesterday dismissed the writ petition filed by suspended Inspector General of Police (IGP) Deshabandu Thennakoon, which sought to overturn the arrest order issued on him by the Matara Magistrate’s Court.

The ruling by Justices Mohammed Thahir Laffar and Sarath Dissanayake, ordered the Criminal Investigation Department (CID) to immediately arrest Thennakoon and present him in Court.

The Justices said: “The principle of comply and complain is a well-established and globally recognised doctrine that upholds the integrity of the judicial system. It mandates that individuals must first comply with a Court order, even if they believe it to be unjust and then seek redress through proper legal avenues if they wish to challenge it.”

“In this case, the Petitioner, as the head of the Police Department, is expected to set an example by adhering to the law. If he believes that the Magistrate’s order is erroneous or unfair, the proper course of action is not to evade it but to challenge it through legal mechanisms. By refusing to comply and instead going into hiding, he undermines the very legal system he is duty bound to uphold. Such actions not only weaken public confidence in the judiciary but also set a dangerous precedent where individuals selectively follow Court orders based on their own interests,” the Justices said.

“It is contended by the learned President’s Counsel for the Petitioner, that before issuing the arrest order, no statement was recorded from the Petitioner. However, it is evident that when the Petitioner is actively evading arrest and remaining in hiding, it becomes impossible for the authorities to obtain such a statement from him. His deliberate absence obstructs the due process of law and he cannot now rely on this argument to challenge the arrest order while simultaneously avoiding lawful procedures,” they added.

Thennakoon, who is wanted in connection with the 2023 shooting incident at a well-known hotel in Weligama had filed the petition on 12 March, hoping to secure an interim order preventing his arrest.

However, the Court of Appeal upheld the Matara Magistrate’s decision.

The Matara Magistrate’s Court had previously ordered the arrest of eight former officers from the Colombo Crimes Division (CCD), including Thennakoon, naming them as suspects in the shooting outside the W15 Hotel in Pelena, Weligama, on 31 December 2023. Following this, the CID was instructed to apprehend and present them before the Court.

The Police investigations are ongoing to locate Thennakoon, who remains in hiding to evade arrest.