AG moves to initiate criminal, civil action against local agent of X-Press Pearl

Counsel also alleged that the contents of motions filed by the respondents had not been shared with the petitioners and stressed the necessity of consulting them in connection with the ongoing discussions

By Lakmal Sooriyagoda 

The Attorney General’s Department yesterday informed the Supreme Court that steps have been taken to initiate both criminal and civil proceedings against Sea Consortium Lanka (Pvt) Ltd, the local agent of the MV X-Press Pearl, in compliance with a Supreme Court judgement relating to the maritime disaster. 

Additional Solicitor General Nerin Pulle, appearing for the Attorney General, told Court that applications have been filed before the Magistrate’s Court and the High Court and obtained travel bans on the directors and principal executive officers of Sea Consortium Lanka (Pvt) Ltd. He further said that the High Court trial relating to the X-Press Pearl case is currently pending. 

These submissions were made when several Fundamental Rights petitions connected to the X-Press Pearl disaster were taken up for hearing before a three-judge Bench of the Supreme Court comprising Justices Shiran Goonaratne, Achala Wengappuli, and Priyantha Fernando. 

The Attorney General’s Department further informed Court that the Government of Sri Lanka has responded to a notice of dispute issued under the Free Trade Agreement between Sri Lanka and Singapore. The Attorney General sought the permission of Court to proceed with further discussions relating to the dispute resolution process between the parties. 

Senior Counsel Chrishmal Warnasuriya, along with Dr. Ravindranath Dabare, Himalee Kularathna, and Nilshantha Sirimanne, appearing for the petitioners submitted to the Court that any such discussions should be conducted exclusively with the participation of the petitioners. Counsel also alleged that the contents of motions filed by the respondents had not been shared with the petitioners and stressed the necessity of consulting them in connection with the ongoing discussions. President’s Counsel Kanag-Isvaran appeared for the Sea Consortium Lanka (Pvt) Ltd. 

The Supreme Court, applying the ‘Polluter Pays’ principle, has previously ordered non-State entities, including Sea Consortium Lanka (Pvt) Ltd and its affiliated companies such as X-Press Feeders, to pay an initial compensation of USD 1 billion for the extensive damage caused to Sri Lanka’s environment and economy as a result of the disaster.