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CEJ’s landmark legal battles reshape Sri Lanka’s environmental justice landscape

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Dilena with Senior Attorney-at-Law, Dr. Ravindranath Dabare, and CEJ Chairman Hemantha Withanage

In a country where environmental destruction, political interference and weak enforcement have often overshadowed conservation efforts, the Centre for Environmental Justice (CEJ) has emerged as one of Sri Lanka’s most formidable legal defenders of nature.2

From the catastrophic MV X-Press Pearl Disaster to the destruction of the Wilpattu National Park ecosystem, CEJ has consistently used the courts to challenge environmental crimes, state negligence and corporate irresponsibility, securing several landmark judgments that have transformed the country’s environmental jurisprudence.

Speaking to The Island, CEJ Executive Director Dilena Pathragoda said these legal victories were not merely courtroom successes but historic interventions aimed at safeguarding the rights of future generations.

“Environmental litigation is not only about protecting forests, rivers or wildlife. It is fundamentally about protecting people, public health, livelihoods and the constitutional rights of future generations to live in a safe and healthy environment,” Pathragoda said.

Among the most consequential legal actions spearheaded by CEJ was the litigation surrounding the X-Press Pearl maritime disaster, regarded as Sri Lanka’s worst marine environmental catastrophe.

The Island, which was among the first newspapers to consistently highlight the gravity of the X-Press Pearl environmental disaster and its long-term ecological consequences, closely followed the legal battle that eventually resulted in a landmark compensation ruling.

The Singapore-flagged cargo vessel caught fire and sank off Sri Lanka’s western coast in 2021, releasing massive quantities of hazardous chemicals, microplastics and pollutants into the Indian Ocean, devastating marine ecosystems and fishing communities.

Pathragoda noted that the Supreme Court’s direction for compensation amounting to nearly USD 1 billion marked a turning point in Sri Lankan environmental law.

“For the first time, Sri Lanka robustly applied the internationally recognised ‘Polluter Pays Principle’ in a manner that sent a strong signal to multinational corporations and shipping operators that environmental destruction carries enormous legal and financial consequences,” he said.

Environmentalists say the ruling significantly strengthened accountability standards for transboundary pollution and maritime negligence.

Wilpattu judgment becomes watershed moment.

The CEJ-led litigation over the illegal clearing of forests adjoining Wilpattu National Park is widely regarded as one of the most powerful environmental rulings in South Asia.

The controversial clearing of the Marichchukaddi forest reserve for settlement purposes triggered widespread outrage among conservationists and scientists.

According to Pathragoda, the judgment established that politically motivated environmental destruction could not be justified under any circumstances.

“The court recognised that no authority, regardless of political power, has the right to destroy protected forests in violation of environmental laws,” he stressed.

In a landmark directive, the Court of Appeal ordered reforestation of the destroyed lands and held responsible state actors personally accountable for restoration efforts.

Legal analysts described the ruling as a major advancement in public trust doctrine and environmental accountability in Sri Lanka.

CEJ also played a central role in challenging controversial government attempts to legitimise the possession of illegally captured wild elephant calves through relaxed registration regulations.

The organisation argued that the gazette notification undermined wildlife protection laws and effectively rewarded wildlife traffickers.

“Sri Lanka’s elephants are part of our national heritage and ecological identity. Weakening protections for illegally captured elephants would have legitimised wildlife crime,” Pathragoda said.

The resulting court intervention became a significant legal safeguard for wildlife conservation and strengthened enforcement against illegal wildlife trade networks.

The deadly Meethotamulla Garbage Dump Collapse disaster also became a defining moment for environmental litigation in Sri Lanka.

CEJ had long warned authorities about the dangers posed by the uncontrolled garbage mountain in a densely populated residential area.

After the catastrophic collapse that killed dozens of residents, legal proceedings intensified scrutiny on failures in waste management governance.

Pathragoda said the tragedy demonstrated the devastating human cost of environmental negligence.

“Environmental justice is inseparable from social justice. Poor communities are often forced to bear the heaviest burden of pollution, waste and environmental mismanagement,” he observed.

The case helped reinforce the principle that improper waste disposal and environmental negligence can amount to violations of citizens’ fundamental rights.

CEJ also gained international attention through its legal challenge against the illegal importation of hazardous waste containers from the United Kingdom.

Hundreds of containers containing clinical and mixed waste had been brought into Sri Lanka in violation of international environmental conventions and domestic regulations.

The legal action ultimately compelled authorities to ensure the waste was returned to the country of origin.

“Sri Lanka cannot and must never become a dumping ground for toxic waste generated by wealthy nations,” Pathragoda asserted.

Environmental observers said the case strengthened Sri Lanka’s standing under the Basel Convention and reinforced national sovereignty in environmental governance.

Pathragoda believes Sri Lanka’s environmental litigation landscape is evolving rapidly, with courts increasingly willing to intervene where environmental harm threatens public welfare.

However, he warned that environmental destruction continues at an alarming pace due to weak enforcement, political patronage and short-term economic priorities.

“The real challenge is not the absence of laws. Sri Lanka already possesses many strong environmental statutes. The problem lies in implementation, political interference and the lack of accountability,” he said.

He added that CEJ would continue pursuing strategic litigation to protect forests, biodiversity, marine ecosystems and vulnerable communities.

“Every environmental case we file is ultimately about ensuring that future generations inherit a country that is still ecologically alive,” Pathragoda said.

He noted as climate risks intensify and ecological pressures mount, CEJ’s courtroom battles are increasingly being viewed not merely as legal contests, but as critical struggles over the environmental future of Sri Lanka itself.

 

By Ifham Nizam



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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