361-Page Verdict in Historic Marine Pollution Case

COLOMBO (News 1st); The Supreme Court issued a landmark ruling ordering the owners of the X-Press Pearl vessel, along with its local agents and affiliated parties, to pay USD 1 billion in compensation for the extensive marine environmental damage and economic losses caused by the ship’s fire and sinking near the Port of Colombo.

According to the court order, the compensation may be paid in installments, with the first payment due by September 23.

In May 2021, the MV X-Press Pearl cargo vessel caught fire and sank in the sea off the coast near the Port of Colombo.

In response to the environmental damage and the impact on fishing communities caused by the fire, a group of petitioners—including His Eminence Malcolm Cardinal Ranjith and members of the fishing community—filed fundamental rights petitions before the Supreme Court, seeking compensation.

The petitions were heard over a period of 30 days before a five-member bench of the Supreme Court comprising Chief Justice Murdhu Fernando, and Justices Yasantha Kodagoda, Shiran Gunaratne, Achala Wengappuli, and Priyantha Fernando.

Concluding the hearings, the bench delivered a comprehensive 361-page judgment today.

The judgment was delivered by the Chief Justice.

The ruling stated that former Minister Nalaka Godahewa, who held the relevant portfolio at the time, along with former Chairperson of the Marine Environment Protection Authority Darshani Lahandapura and the Attorney General’s Department, failed in their responsibilities to prevent the disaster.

The Supreme Court held that these failures amounted to a violation of fundamental human rights.

The bench further concluded that the Attorney General’s Department acted arbitrarily, irrationally, and unilaterally by failing to take criminal action under environmental law.

As a result, the Supreme Court ordered the Attorney General’s Department to initiate a formal investigation into the disaster through the Criminal Investigation Department within three months and to report progress to the court.

Additionally, the court directed the Commission to Investigate Allegations of Bribery or Corruption to begin a separate inquiry and to update the Supreme Court every three months on its progress.

The Supreme Court also ordered the establishment of two commissions:

The MV X-Press Pearl Compensation Commission, chaired by retired Supreme Court Justice E.A.G.R. Amarasekara.

The MV X-Press Pearl Marine and Coastal Environmental Restoration Commission, to be chaired by the Secretary of the Ministry of Environment.

The court further instructed that independent experts be appointed to both commissions.

The judgment also found that the ship’s master, operator, and local agent had concealed the vessel’s actual condition from the Colombo Port Master, which directly contributed to the severity of the disaster. 

Each party was deemed individually responsible.

Moreover, the court noted that the shipping company violated international law by failing to notify Sri Lanka as required under global maritime regulations.

The Supreme Court has ruled that the Attorney General’s decision to refrain from filing criminal charges related to the MV X-Press Pearl disaster and instead pursue civil litigation in a Singaporean court was unjust, irrational, and arbitrary.

The petition named the 12 respondents including:

Minister of Environment
Minister of Fisheries
Minister of Ports
Chairman of the Ports Authority
Secretary of the Ministry of Environment
The company that owns the MV X-Press Pearl
Its local agent
Marine Environment Protection Authority
Central Environmental Authority
The Attorney General