By Lakmal Sooriyagoda   

Supreme Court Judge Arjuna Obeysekera yesterday recused himself from hearing an appeal petition filed by former Minister Rishad Bathiudeen relating to the Wilpattu judgement.   

Justice Obeysekera who was a member of yesterday’s bench, declined to hear the appeal owing to a conflict of interest, while he was serving at the Attorney General’s Department.    Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, Achala Wengappuli and Arjuna Obeysekera fixed the appeal petition for argument on January 19 next year.   

Former Minister Rishad Bathiudeen had filed an appeal seeking an order to set aside the judgment of the Court of Appeal in connection with the deforestation of the northern sanctuary of the Wilpattu National Park.   
In its judgment, the Court of Appeal on 16th of November, 2020 had issued an order directing the Conservator General of Department of Forest Conservation to take action to implement a tree planting programme 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.   

In his special leave to appeal petition, Bathiudeen has raised several legal issues relating to the judgment of Court of Appeal. The respondent-petitioner (Bathiudeen) stated that the Court of Appeal has failed to consider whether the petitioner of the writ petition in Court of Appeal had locus standi or was competent to maintain the application by way of public interest litigation.   

He further stated that the findings of Court of Appeal that the respondent-petitioner was instrumental in getting the land released for the settlement of IDPs unsupported by evidence. He further said that the Court of Appeal has granted a relief against the Conservator General of Department of Forest Conservation in as much as no relief whatsoever was claimed against him.   

Initially, the Center for Environmental Justice had filed a writ petition in Court of Appeal naming Conservator General of Forest Conservation Department, Central Environmental Authority (CEA), Director General of Wild Life Department, Commissioner General of Lands, Commissioner General of Archeological Department, Mannar District Secretary, Rishad Badiuddeen the Minister of Industry and commerce, Minister of Environment and Mahaweli Development and the Attorney General as respondents.   

The Court of Appeal had also issued a consequential order directing Rishad Bathiudeen to bear the full cost of such tree planting programme applying the polluter pays principle since according to the evidence before Court he was instrumental in using the reserved forest land for the re-settlement of the IDPs.   

Senior Counsel Ravindranath Dabare appeared for the Center for Environmental Justice.