Failure to implement tree plantation programme: CA issues notices on Bathiudeen

By Lakmal Sooriyagoda  

The Court of Appeal yesterday issued notices on former Minister Rishad Bathiudeen in connection with a contempt of court application filed for his failure to comply with the orders made by the Court of Appeal in connection with the Wilpattu National Park case.  

In its judgement, the Court of Appeal on November 16, 2020 had issued an order in the nature of mandamus ordering the Conservator General of Department of Forest Conservation to take action to implement 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.  
 When this contempt of Court application was taken up before Court of Appeal Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar, the notices were issued on Rishad Bathiudeen and the matter was fixed for support on June 28.   

The Centre for Environmental Justice has filed a contempt of court application in the Court of Appeal against Parliamentarian Rishad Bathiudeen for his deliberate failure to comply with the orders of Court of Appeal, amounts to grave Contempt of Court punishable under Article 105(3) of the Constitution.  

The petitioner is seeking an order to issue a Rule on the respondent to show cause to the Court, as to why he should not be punished for committing the offence of Contempt of Court.  
Senior Counsel Ravindranath Dabare appeared for the Centre for Environmental Justice.   

• 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