News
SC orders X-Press Pearl stakeholders to pay USD 1 billion
In a landmark judgement, the Supreme Court (SC) yesterday ordered the non-state parties involved in the X-Press Pearl disaster to make an initial payment of USD 1 billion within one year as compensation for damages.
The SC further ordered that such payments be paid to the Secretary to the Treasury.
A five-judge bench of the SC comprising Chief Justice Murdu Fernando, Justice Yasantha Kodagoda, Justice Shiran Gooneratne, Justice Achala Wengappuli and Justice Priyantha Fernando also ordered a Compensation Commission be set up under the Chairmanship of retired SC Justice Gamini Amarasekera.
The SC also ruled that former State Minister for Urban Development and Coast Conservation Nalaka Godahewa had failed to adopt supervisory measures and thereby violated the Fundamental Rights of the citizens.
X-Press Pearl verdict–key points:
1. USD 1 billion compensation ordered
The Supreme Court directed the owning and operating companies of the MV X-Press Pearl vessel to pay USD 1 billion as compensation for the massive environmental and economic damage caused by the 2021 maritime disaster.
2. Worst marine disaster in the Indian Ocean
The Court acknowledged the incident as the worst marine chemical catastrophe in recorded history for the Indian Ocean, noting that over 70 billion plastic nurdles and toxic substances
polluted Sri Lanka’s waters and coasts.
3. Violation of fundamental rights
The Court ruled that the failure of state authorities to act effectively and timely infringed upon the fundamental rights of citizens under Articles 12(1) and 14(1)(g) of the Constitution, including the right to engage in lawful occupation (fishing).
4. State negligence and inaction
The judgment pointed to gross negligence and inaction by the Marine Environment Protection Authority (MEPA), the Harbour Master, and other key state officials. It specifically named then State Minister of Urban Development Nalaka Godahewa among those who failed in their duties to protect the public and the environment.
5. Polluter pays principle upheld
The Court upheld the “polluter pays” principle, holding the vessel’s owners, charterers, and agents liable for compensating both the environmental degradation and socio-economic losses caused by their negligence.
6. Commission to oversee compensation
A high-level commission will be appointed to oversee how the US$1 billion is distributed, with specific focus on affected fishing communities and restoration of marine ecosystems.
7. Call for legal and institutional reforms
The Court recommended regulatory reforms to strengthen environmental protection laws, implement international maritime safety conventions, and ensure rapid response mechanisms for future incidents.
by AJA Abeynayake ✍️
News
PSTA worse than PTA: FSP
The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).
FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.
He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.
Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.
He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.
The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.
Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.
Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.
“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.
He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.
“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.
Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.
He challenged the government to an open debate on the Bill.
News
Shiranthi R remanded until 13 Oct.
Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.
According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.
The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.
CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.
Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.
She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.
Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.
News
Former NSB Chairman Kariyawasam granted bail
Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.
The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.
CIABOC is continuing investigations into the alleged financial irregularities relating to the account.
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