CENTRE FOR ENVIRONMENTAL JUSTICE (GUARANTEE LTD) AND OTHERS

CENTRE FOR ENVIRONMENTAL JUSTICE (GUARANTEE LTD) AND OTHERS

Vs.

MINISTER OF BUDDHASASANA, RELIGIOUS AND CULTURAL AFFAIRS, AND URBAN DEVELOPMENT AND HOUSING,
AND ECONOMIC POLICIES AND IMPLEMENTATION AND OTHERS

SUPREME COURT
AMARASEKARA, J.
WlCKREMASINGHE, J.
DE SILVA, J.
SC/FR/109/2021
OCTOBER 25, 2021

Fundamental rights-Amendment of petition-Role of the Attorney General-Role of the Supreme Court in fundamental rights applications

The petitioners primarily sought to impugn a Cabinet Memorandum whereby the approval of the Cabinet of Ministers was sought to withdraw all cases in which legal action is being taken in respect of tamed elephants and to hand over the animals to their present owners according to the conditions of transfer.

When this application was supported for leave to proceed, the Attorney General moved court to dismiss the application in limine stating that the Cabinet decision had been taken before the petitioners filed the application and the Cabinet of Ministers are not parties to the application.

An amended petition was filed subject to objections. The Attorney General took up three ob

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