The Court of Appeal has dismissed without taking up for hearing a writ petition filed by the vinividha fundetion seeking an order to suspend the operation being carried out by wild life authority to drive wild elephants roaming in villages into the Hambantota Elephant Management Reserve.
The order was issued by a bench of the Court of Appeal comprising Justice Rohantha Abeysuriya, the President of the Court of Appeal, and Justice Priyantha Fernando, after considering the petition filed by the vinividha Foundation.
The lawyer appearing for the petitioner stated that the operation being carried out by the wildlife authorities to drive elephants roaming in the surrounding villages into the Hambantota Elephant Management Reserve has caused great suffering to the elephants.
The lawyer stated that more than 2,000 members of the Air Force, Police and Civil Defence Force have been involved in this operation.
The lawyer pointed out that some elephants have been injured due to the explosions carried out to drive away the elephants and also pointed out that pregnant women are being severely affected due to the loud noises emitted by the explosions.
Therefore, she has requested the court to issue an interim injunction to suspend this operation, which is being carried out in violation of environmental laws and regulations.
However, the State Counsel appearing for the Attorney General has argued before the court that the petitioner organization has no legal basis to file the petition.
In addition, the State Counsel pointed out that the parties who are aggrieved by this action have not been named as respondents in this petition.
The State Counsel also stated that the petitioner organization has not presented sufficient evidence to the court to prove the allegations made in its petition.
The Court of Appeal bench, which considered the evidence presented by both parties, pointed out that its court has already issued an order to the government to prepare a national program to protect elephants. Accordingly, the bench has announced that the relevant petition will be dismissed after considering the evidence presented by both parties.