CA orders authorities to look into Myan Kumara’s well-being

• The elephant calf is suffering while being chained  tightly to a tree and a video has recently surfaced of the hapless creature being beaten by the mahout in a cruel manner

BY Lakmal Sooriyagoda  

The Court of Appeal has directed the Director General of Wildlife Conservation Department to visit the place where the elephant ‘Myan Kumara’ is kept and submit a report to Court with regard to the prevailing state and the well-being of the elephant. The baby elephant Myan Kumara (Myan Prince) was donated to the Bellanwila Rajamaha Viharaya by the Myanmar government in 2013.  

Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola made this order consequent to a writ petition filed by Attorney-at-law Nagananda Kodituwakku seeking an order directing the authorities to release the baby elephant named “Myan Kumara” to Ridiyagama Safari Park from the Bellanwila Temple, until he is released back to the wild. The petitioner said the elephant calf is suffering while being chained  tightly to a tree and a video has recently surfaced of him being beaten by his mahout in a cruel manner.   The Court of Appeal observed that the Director General of Wildlife Conservation Department when reporting to Court can get the assistance of a suitable veterinary surgeon of a Department of Veterinary Clinical Sciences affiliated to a local university or a government institution to confirm the prevailing health condition of the Elephant. Accordingly, the Director General of Wildlife Conservation Department was directed to submit a report through the Attorney General within five weeks. Meanwhile, the Court decided to issue formal notice on the Respondents. However, the Court refused to issue an interim relief at this stage.  This petition had been filed by Attorney-at-law Nagananda Kodituwakku naming Director General of Wildlife Conservation Department, the IGP and the Chief Incumbent of the Bellanwila Temple as respondents. The petitioner further sought a writ of Prohibition preventing the Director General of Wildlife Conservation Department from issuing licenses enabling the Chief Incumbent of the Bellanwila Rajamaha Viharaya to possess elephants.