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Wildlife and Nature Protection Society goes to court over “unlawful act”

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Wedithalthivu

The Wildlife and Nature Protection Society (WNPS) has initiated a pivotal court action against the Minister of Wildlife & Forest Resources Conservation. The legal challenge is a response to the Minister’s recent and controversial decision to modify the boundaries of the Wedithalathive Nature Reserve, as documented in Extraordinary Gazette No. 2383/05, dated May 6, 2024, which, effectively disestablishing a portion of this protected area.

“The WNPS contends that this action is wrongful, illegal, and unlawful, threatening to undermine decades of conservation efforts,” a news release said.

In the Petition filed before the Supreme Court, WNPS has submitted that the impugned Gazette indicates that the area specified in its appendix will no longer be designated as part of the Reserve but the appendix has not been made available to the public, creating ambiguity about the exact land extent and the boundaries affected. They allege that this lack of transparency has left both the WNPS and the general public in the dark regarding the precise details of the disestablishment.

Explaining the historical Context and Environmental Importance, WNPS has submitted to court that the area now in dispute was identified as critical for protection through the Integrated Strategic Environmental Assessment of the Northern Province of Sri Lanka (ISEA-NPSL) conducted between 2009 and 2014 by the Central Environmental Authority and Disaster Management Centre, along with other government departments and experts, which assessment recognized the ecological significance of the region.

Consequently, on March 1, 2016, some 29,180 hectares were designated as the Wedithalathive Nature Reserve through Gazette Extraordinary 1956/13 by the then Minister of Sustainable Development and Wildlife.

In the Petition filed WNPS argues that the Minister’s sudden decision to alter the Reserve’s boundaries was made without due process and is illegal, unlawful, and ultra vires and that this action breaches the legitimate expectations of the public and ignores prior concerns raised by environmentalists and that the potential consequences include severe environmental and conservation issues.

The Petitioners further allege that between 2018 and 2019, the Department of Wildlife Conservation (DWC) had appointed a Technical Expert Committee to study a report by the National Aquatic Resources Research and Development Agency (NARA) and that subsequently, at a meeting held with the Technical Expert Committee, DWC, NARA, National Aquaculture Development Authority (NAQDA) and the Ministry of Fisheries it had been concluded that parts of the Wedithalathive National Reserve should not be removed.

WNPS further asserts that, to the best of their knowledge, the Minister has not appointed a new Technical Expert Committee after the earlier committee rejected the request for de-gazetting a part of the National Reserve. This failure of the Minister to comply with the requirement under Section 2(5) of the Fauna and Flora Protection Ordinance (FFPO) prior to changing the boundaries of the Wedithalathive National Reserve without conducting a due study to investigate the ecological consequences, as mandated by the FFPO, are in direct contravention of the law.

WNPS has also emphasized in the petition that the Minister of Wildlife & Forest Resources Conservation, as the minister in charge of subject of Wildlife has a duty to ensure strict compliance with the FFPO and The failure to adhere to the mandatory procedures prescribed in the FFPO in effect means that the process of changing the boundaries and disestablishing part of the Reserve has not been executed lawfully.

WNPS has also pointed out that the impugned Act of the Minister is in breach of Sri Lanka’s obligations to preserve mangroves and the environment at large.

The WNPS which has a long-standing commitment to advancing the conservation of fauna and flora in Sri Lanka is calling on the government officials, environmentalists, and the general public, to recognize the importance of preserving the Wedithalathive Nature Reserve. This protected area is not just a sanctuary for wildlife but also a vital component of the broader environmental health of the region.

Mr. Sanjeeva Jayawardena Presidents Counsel with Dilumi de Alwis, Revan Weerasinghe and Rukshan Senadheera Attorneys-at-law instructed by S W Amila Kumara are representing WNPS before the Supreme Court.



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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