• Center for Environmental Justice, decided to withdraw the contempt  application, reserving its rights to file a fresh application if  necessary

By Lakmal Sooriyagoda   

The contempt of court application filed against former Minister Rishad Bathiudeen for his alleged failure to comply with the orders made by the Court of Appeal relating to the Wilpattu National Park case was yesterday withdrawn by the petitioner before the Court of Appeal.  

The petitioner, the Center for Environmental Justice, decided to withdraw the contempt application, reserving its rights to file a fresh application if necessary. 

The court was informed that after hearing an appeal, the Supreme Court has already issued an interim order suspending the operation of the order made by the Court of Appeal to implement a tree plantation programme.   
The application to withdraw the contempt petition was allowed by Court of Appeal Justice (President) Nissanka Bandula Karunaratne and Justice Chamath Morais.  

The Court of Appeal Court on 16th of November, 2020 issued an order in the nature of mandamus ordering the Conservator General of Department of Forest Conservation to take action to implement tree planting programmes in accordance with the provisions of the Forest Ordinance in any area equivalent to the reserve forest area used for re-settlement of IDPs.

The Court of Appeal further ordered former Minister Rishad Bathiudeen to bear the full cost of the tree planting programme in these areas applying the polluter pays principle.  

Subsequently, Bathiudeen filed an appeal in the Supreme Court challenging the legality of the Court of Appeal. On August 2, the Supreme Court issued an interim order suspending the operation of the order made by the Court of Appeal to implement a tree plantation programme.   

Senior Counsel Ravindranath Dabare appeared for the Center for Environmental Justice. President’s Counsel Faisz Musthapha appeared for Bathiudeen.