Possession of “Ganga” SC fixes for support on August 2

Petition seeking to stay MC order

The Supreme Court on Wednesday (7) fixed the fundamental rights petition filed to stay the Colombo Magistrate’s order in taking into custody, the Elephant “Ganga”. The Bench comprised Justices Sisira J. de Abrew, Anil Gooneratne and Nilin Perera fixed the case for support on August 2 for granting of leave to proceed.

Petitioner Amaradeva Malwatta, the custodian/trustee of Rajju Bandara Basnahira Dewalaya of Urumutta, Akuressa cited Wildlife Conservation Department Director General S.w.k.pathiratne, Sustainable Development and Wildlife Minister Gamini Jayawickrema Perera, ASP Nuwan Asanka and Sampath Kumara Senaratna of Special Investigation Unit 1 of the Criminal Investigation Department, CID Director B.r.s.r.nagahamulla, IGP Pujith Jayasundara and the Attorney General as Respondents.

Petitioner states a She Elephant with the registration No. 10 was in his custody and possession as the custodian of the Rajju Bandara Basnahira Devalaya. He states a baby elephant “Ganga” was born in 2003 and was looked after by therajjubandaradevalayastaff.

He states that in the year 2008, an application was made to the Wildlife Department and a permit and an annual licence were issued.

He states he complied with the requirement specified in respect of the issuance of the permit and that he attempted to submit the relevant documents required to the Wildlife Department. But the Wildlife Department officials refused to accept the documents stating that pending litigations did not allow them to accept them, he states.

Prasantha Lal de Alwis PC with Asthika Dewendra appeared for the Petitioner while Senior State Counsel Janaka Bandara appeared for the CID officers and the AG.

The elephant calf “Ganga” was born in 2003 and was looked after by the Rajju Bandara Devalaya staff. In the year 2008, an application was made to the Wildlife Dept and a permit and an annual licence were issued.