LAKMAL SOORIYAGODA 
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Supreme Court orders CID probe into AG’s decision on X-Press Pearl legal action
Colombo, July 25 (Daily Mirror) - The Supreme Court yesterday ordered the CID to conduct investigations into matters arising from the Attorney General’s unreasonable, irrational, and arbitrary decision to institute civil legal action against the X-Press Pearl group of companies in a Singapore court, instead of initiating proceedings in the High Court of Sri Lanka under its Admiralty jurisdiction.
The five-judge bench, led by Chief Justice Murdu Fernando delivering a 361-page judgement just days before her retirement and found that the Attorney General's failure to prosecute the ship’s owners and operators under Section 26(a) of the Marine Pollution Prevention Act violated the fundamental rights of Sri Lankan citizens under Article 12(1) of the Constitution. The Court ordered the investigations to be completed within three months.
"By applying the 'Polluter Pays' principle, the apex court ordered non-state entities including Sea Consortium Lanka (Pvt) Ltd, the local agent of the MV X-Press Pearl, and affiliated companies such as X-Press Feeders to pay an initial sum of USD 1 billion in compensation for the damage caused to Sri Lanka’s environment and economy. The first instalment is to be paid on or before September 23, 2025, with the case scheduled to be reviewed by the Supreme Court on September 25.
Meanwhile, the Supreme Court ruled that former State Minister for Urban Development and Coast Conservation Nalaka Godahewa is responsible for his failure to fulfil statutory obligations and thereby violated the Fundamental Rights of the citizens under Article 12(1) of the constitution.
The Court further ruled that former Chairman of Marine Environment Protection Authority (MEPA) Dharshani Lahandapura failed to fulfil her statutory obligations and thereby violated the fundamental rights of the citizens guaranteed by Article 12(1) of the constitution.
The Court also directed to establish a MV X-Press Pearl Compensation Commission under the Chairmanship of retired Supreme Court Justice Gamini Amarasekera.
The Supreme Court further directed both the CID and the Bribery Commission to conduct investigations and take necessary legal action against individuals named in its judgement concerning the MV X-Press Pearl maritime disaster.
The Court held that the environmental damage and losses to Sri Lanka’s marine and coastal ecosystems were directly caused by the pollution from MV X-Press Pearl. It further declared that the ship’s Master, Owner, Operators, and its Sri Lankan Agent are jointly and severally responsible for the disaster.
The Supreme Court ruled that the petitioners in the MV X-Press Pearl case are entitled to recover the full costs of litigation from the Attorney General. These costs include counsel fees, payments to instructing attorneys, and documentation expenses related to the applications they filed and pursued in court.
The Court further directed that, upon making these payments, the Attorney General may seek reimbursement from the MV X-Press Pearl Compensation Commission.
The Centre for Environmental Justice (CEJ), Rev. Fr. Sarath Iddamalgoda, Cardinal Malcolm Ranjith, and fishermen from Negombo and Chilaw filed Fundamental Rights petitions seeking compensation for fishermen severely affected by the X-Press Pearl disaster.
These petitions concern the burning and sinking of the MV X-Press Pearl in Sri Lankan territorial waters in June 2021, the worst maritime disaster in Sri Lanka and the largest recorded plastic spill and pollution incident globally.
The petitioners state that the blazing ship and the chemical spill and plastic pellets have already caused untold, irreversible and irremediable damage to Sri Lanka’s marine ecosystem fishing community and pristine beaches, including popular tourist destinations, whose beaches are thickly coated in plastic pellets.
Dr. Ravindranath Dabare, Himalee Kularathna, Chrishmal Warnasuriya, Nilshantha Sirimanne appeared for the petitioners. Manohara De Silva, PC, Dr. Dan Malika Gunasekera, Dr. Romesh De Silva, PC, Senany Dayaratne appeared for the respondent parties. Nerin Pulle, PC, ASG, with Madhawa Tennakoon, DSG appeared for the Attorney General.
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