• Says concerns of petitioners to be considered in the directive given to formulate nat’l prog. 

The Court of Appeal (CA) yesterday (10) dismissed without hearing a writ petition filed by the Vinivida Foundation, seeking to suspend the ongoing operation by the Wildlife Conservation authorities to drive away wild elephants that have entered villages into forest reserves in Hambanthota.

The order was issued by a bench comprising the President’s Counsel (PC) and the President of the CA, Justice Rohantha Abeysuriya and Justice K. Priyantha Fernando, following a preliminary consideration of the petition.

During submissions, the counsel appearing for the petitioner argued that the operation, aimed at driving elephants roaming in the surrounding villages into the Hambanthota Elephant Reserve by the Wildlife Conservation authorities has caused severe distress to the elephants. The counsel further informed Court that over 2,000 personnel of the Air Force, the Police and Civil Security Division have reportedly engaged in the operation. The counsel pointed out that several elephants had sustained injuries as a result of explosives used to disperse them and that pregnant elephants were particularly affected by the excessive noise caused by such explosions. Therefore, the counsel requested the Court to issue an interim injunction to halt the operation, which is being carried out in violation of environmental laws and regulations.

Responding to the petition, the State Counsel appearing for the Attorney General, submitting the evidence, argued that the petitioner had no legal basis to file this petition. Additionally, the State Counsel pointed out that the parties who would be aggrieved by this action have not been named as respondents in the petition. The State Counsel also noted that the petitioner has failed to present sufficient evidence to Court to prove the allegations made in the petition. On these grounds, the State Counsel requested the Court to dismiss the petition at the earliest, as it lacks a sustainable legal basis.

After considering the submissions from both the sides, the CA bench pointed out that the Court has already issued an order to the Government to prepare a national programme for elephant conservation.

Justice Abeysuriya PC said that the concerns raised in the petition would also be taken into consideration in that program.

Accordingly, the bench ordered that the relevant petition will be dismissed after considering the arguments presented by both the parties.