Responsibility of judiciary to protect fundamental rights of the people - Supreme Court

COLOMBO (News 1st); Sri Lanka's Supreme Court on Wednesday (1) rejected the Attorney General's preliminary objection requesting that the Fundamental Rights applications challenging the cabinet decision to return elephants to their owners be dismissed, without consideration.

The petitioners filed an application with the Supreme Court challenging the Cabinet decision to allow tamed elephants that were being held illegally and taken by the Criminal Investigations Department later, to be returned to their owners.

The Petitioners are Centre for Environmental Justice, Withanage Don Hemantha Ranjith Sisira Kumara and several others.

The application was called up in the presence of Justices Gamini Amarasekera, Kumuduni Wickremesighe and Janak De Silva and the application will be called up for consideration on the 9th of February 2022.

The Supreme Court Bench said that the role of the Attorney General should be to exercise the powers vested in him by the Constitution of Sri Lanka independently regardless of anyone's views and if not, it is a very serious matter.

The Supreme Court said in its order that it was the responsibility of the judiciary to protect the fundamental rights of the people as enshrined in the Constitution of the country.

The Additional Solicitor General, who appeared for the Attorney General, filed the preliminary objection that the Cabinet Memorandum dated 12.03.2021 had been prepared after obtaining the advice of the Attorney General and that the respondents to the petition had not been named by their personal names.

Following the objection the court allowed the petitioner's counsel to file an amended petition and the attorney general filed another objection to dismiss the amended petition.