Magistrate refuses to release 14 wild elephants to purported owners

Colombo Chief Magistrate yesterday refused to release 14 wild elephants to the purported owners as multiple legal actions are being

taken in courts against the government’s move to legitimise the keeping of elephants allegedly seized from the wild.

At the outset of the Magisterial inquiry Senior Counsel Ravindranath Dabare appearing on behalf of the plaintiffs told the Magistrate that

if the Magistrate returns the elephants to the parties from whom they were seized, this will adversely affect the two cases pending in the Supreme Court and in the Court of Appeal.

The Counsel contended that at this stage the Magistrate does not have jurisdiction to make an order for the release of the elephants to the purported owners since there are cases pending in two apex courts.the Counsel further emphasised that already the Supreme Court and the Court of Appeal had delimited the Magistrate from releasing the elephants to the purported owners.

President Counsel Anura Medagoda also endorsed the submissions made by Counsel Dabare. However President Counsel Saliya Pieris appearing for the purported owners of the elephants told the Magistrate that the Supreme Court and the Court of Appeal had made orders over some other issues and those order will not stand against the release of the elephants.

However the Magistrate refused to release the elephants and fixed further inquiry for March 4, 2022. Environmental groups and members of the legal fraternity including several President’s Counsel contended the Colombo Magistrate’s order to release elephants was erroneous and should be set aside.

The magistrate’s order was made following a government gazette issued allowing time and provisions for the owners, or “caretakers” to legally register the animals.the 14 elephants are among 39 elephants that had been seized from their owners because the authorities had not been satisfied that the owners had valid registration papers for the animals.the elephants have been living for the past few years in the care of government authorities at the Pinnawela Elephant Orphanage.the Centre for Environmental Justice had filed a writ in the Court of Appeal for an order to return the 14 elephants to government care.