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Thursday, 8 June 2017 00:25 - - {{hitsCtrl.values.hits}}
By S.S. Selvanayagam
The Supreme Court yesterday (7) fixed for support on 2 August for granting of leave to proceed in respect of the fundamental rights petition seeking to stay the Colombo Magistrate’s order in taking into custody the elephant ‘Ganga’.
The Bench comprised Justices Sisira J. De Abrew, Anil Gooneratne and Nilin Perera.
Petitioner Amaradeva Malwatta, the custodian/trustee of Rajju Bandara Basnahira Dewalaya of Urumutta, Akuressa cited Wild Life Conservation Department Director General S.W.K. Pathiratne, Sustainable Development and Wildlife Minister Gamini Jayawicrema Perera, ASP Nuwan Asanka and Sampath Kumara Senaratna of Special Investigation Unit 1 of the Criminal Investigation Department, CID Director B.R.S.R. Nagahamulla, IGP Pujith Jayasundara and the Attorney General as Respondents.
Petitioner states a She Elephant with the registration No. 10 was in his custody and possession as the custodian of the Rajju Bandara Basnahira Devalaya.
He states a baby elephant ‘Ganga’ was born in 2003 and was looked after by the Rajju Bandara Devalaya staff.
He states that in the year 2008, an application was made to the Wildlife Department and a permit and an annual license were issued.
He states he complied with the requirement specified in respect of the issuance of the permit and attempted to submit the relevant documents required to the Wildlife Department.
But the Wildlife Department officials refused to accept the documents stating that pending litigations does not allow them to accept them, he states.
No annual license was issued by any elephant in 2014 and this include the tuskers who carried the casket in the annual pageant of Kandy Dalada Maligawa and other annual pageant (Perehera) held in Sri Lanka for many consecutive years, he states.
ASP Nuwan Asanka and Sampath Kumara Senaratna of the CID had filed a case in the Colombo Magistrate’s Court and had obtained a common order to take into custody all elephants in the list without distinction on the basis of each elephants, he states.
He states he was made to understand that the elephant Ganga (No. 198) was to be taken into custody by the said CID officers on the instruction of the Attorney General.
He is seeking a declaration from the Supreme Court that the Respondents had breached/imminently breaching his fundamental right to equality and freedom of thought and religion as well as the right to freedom from arbitrary arrest and detention of the elephant Ganga.
Prasantha Lal De Alwis PC with Asthika Dewendra appeared for the Petitioner. Senior State Counsel Janaka Bandara appeared for the CID officers and the Attorney General.
