BASL and TISL to intervene in X-press Pearl case

The Supreme Court on Friday delivered an order allowing the Bar Association of Sri Lanka (BASL) to intervene in the fundamental rights petition filed by the Centre for Environmental Justice seeking fair compensation for the victims of the X-Press Pearl disaster.

The BASL said the order was given by the apex court after it had filed an intervention petition seeking permission to intervene in Case No. SC/FR 168/2021, which was filed by the Centre for Environmental Justice seeking fair compensation for the victims of the X-Press Pearl disaster.

Meanwhile, the Supreme Court also delivered an order allowing Transparency International Sri Lanka (TISL) to intervene in the same case. 

The issue was brought before the Supreme Court with Justices Murdhu Fernando, Yasantha Kodagoda, Shiran Gunarathne, Achala Wengappuli, and Priyantha Fernando presiding over the case.

The Attorney General’s Department expressed strong opposition to permitting Transparency International to intervene in the petition concerning the X-Press Pearl Disaster.

After a comprehensive review of the case and taking into account the arguments presented by the legal representatives of the Bar Association, Transparency International, and the Attorney General’s Department, the Supreme Court issued an order granting permission for both the Bar Association of Sri Lanka (BASL) and Transparency International Sri Lanka (TISL) to intervene in the matter.

The Fundamental Rights petition filed by the Center for Environmental Justice (CEJ) and others in June 2021 seeks an order for authorities to conduct a formal inquiry into the circumstances surrounding the entry of the X-Press Pearl Vessel into Sri Lankan waters.

The petitioners assert that the X-Press Pearl vessel, which recently entered Sri Lankan waters, caught fire and discharged a significant quantity of chemicals into the sea. This incident led to substantial pollution of the seawater and beaches, causing harm to marine life.

Furthermore, the petition highlights that the extensive environmental damage resulting from this incident has had a severe impact on the fishing community, causing them to lose their means of livelihood. The petitioners contend that no formal investigation has been conducted regarding the fire on the X-Press Pearl.

In addition, the petition seeks a court order compelling authorities to provide compensation to individuals who have suffered the loss of their livelihood due to the damage caused by the ship’s fire and the release of chemicals into the sea. The petition calls for an immediate inquiry into the circumstances surrounding the vessel’s entry into Sri Lankan waters.

Following the disaster in May 2021, Sri Lanka has received a total of $ 7.85 million in payments as compensation. The Government initially received a payment of $ 3.6 million in July 2021, followed by an additional $ 1.75 million in January 2022. The most recent payment of $ 2.5 million was transferred in September.