CA takes up petition pertaining to 15 illegally captured elephants

By Ifham Nizam

The Court of Appeal yesterday took up a public interest litigation pertaining to the allegedly illegal gazette pertaining to 15 illegally captured elephants.

The extraordinary gazette was issued on 19 August, 2021, effectively legalizing the commercial use of elephants, private ownership of elephants, low standards of welfare and, most importantly, permitted the registration of the illegally captured elephants.

Several members of animal rights organisations and wildlife conservationists have petitioned against the gazette in question and a Magistrate’s Court decision to return 15 illegally captured elephants to those who claim their ownership.

The presence of animal lovers, conservationists and activists is expected when the Court of Appeal gives its decision that could impact not only on the country’s wildlife, but also demonstrate how the rule of law will stand in the face of power and corruption, litigants maintained.

This case was taken up yesterday before Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola, Judges of the Court of Appeal.

The Court extended the order to further retain she-elephant “Sujeewa” and her calf under the care of the Department of Wildlife Conservation and Zoological Department and prevented the registration of any of the 14 elephants released by the Magistrate’s court, until further notice.

Attorney-at-Law Ravindranath Dabare– Chairperson of CEJ said that the Court had directed the petitioners to file their counter objections before the 18 January and it had been decided to reconvene the case on the 18 February to support the application.

Hemantha Withanage, Ranjith Sisira Kumara, Pathragoda Kankanamge Dilena, Panchali Madurangi Panapitiya, Maheshi Nalinka Munasinghe and Wadduwage Visakha Perera Tillekeratne are among the petitioners.

State Minister of Wildlife Protection Wimalaweera Dissanayake, Director General of Wildlife Conservation Chandana Sooriyabandara, Director General Department of National Zoological Gardens, Officer-in-Charge – Special Investigation No. 01 Criminal Investigation Department, Inspector General of Police C. D. Wickramaratne, Additional Magistrate, S. Prabakaran, Magistrate C. Wickramanayake, and the Attorney General have been cited as respondents.