Asian Elephants are losing numbers very fast due to habitat destruction, and killing by humans. Sri Lankan Elephants face many threats. Sri Lanka is home to little more than 5000 elephants. In 2019 more than 400 elephants were killed in various incidents. Poisoning, Hakkapatas, shooting, train accidents, and electrification are a few common threats. In late 2019, 7 elephants have been killed in Habarana by poisoning.

This case was filed against the Respondents of the Minister of Environment and Wildlife Resources, Inspector of General of Office, Director General of Wildlife, and Attorney General on 10th February 2020. The Petitioner, CEJ prays for the Court to direct the Respondents to conduct a proper investigation into the deaths of 7 elephants in the Habarana area to punish the perpetrator and to act collectively to formulate a National Policy/guidelines/management plan on the protection of all elephants including steps minimize attacks on human beings and their properties.

On 29th of March 2022 the case was called before the Court of Appeal. In that time, Hon.AG informed the court the government analysis’s report regarding the deaths of the elephants has been filed in the record and a copy of the same will be furnished to petitioners.AG also informed that the government analyst had not been able to find out the specific cause for the deaths of the animals. So after AG’s submissions, the petitioners submitted that although the report submitted by the government analyst does not reveal any specific cause for the death of the animals a cause may be detected if a proper police inquiry is conducted. After listening to the submission made by petitioners’ counsel the court directed to conduct a proper police inquiry and submit the report to the courts as well as to the petitioners.

Subsequently, on 05th of July 2023 the counsel who appears for the Respondents said that they have taken all the steps to investigate the death of elephants. He mentioned that there is an expert report mentioning that it is hard to identify the cause of Elephants’ death. Somehow according to the report, they could be poisoned. There is no way to capture the persons who injured to elephants because it is very likely that the elephants died far away from the actual side of the damage. He said the Respondents said they have taken all the steps to investigate about the issue. So if the report said there is no cause of death there is nothing to do. The counsel of the petitioners argued that the mitigation plan for the Human Elephants Conflict is not successful in Sri Lanka. After hearing an argument of both parties the Hon. Judges mentioned the petitioners to prepare a proposed plan to mitigate the Human -Elephants conflict and submit it to the secretary and DG for consideration.

Consequently, there is a National Action Plan to Mitigate the Human Elephant Conflict in Sri Lanka. However, the plan is not implemented yet. Further, CEJ held an Expert meeting to obtain suggestions from them for the Proposal which is going to be prepared by CEJ. After the meeting are number of experts are talking about the implementation process of the National Action Plan. The public is asking about the implementation process of the National Action Plan. As a result of the CA WRT 26/20, the government is trying to implement the National Action Plan. There was a committee to implement the National Action Plan. But it was inactive. When the CEJ started the preparation of the HEC proposal obtaining suggestions from experts, Government officers, and local communities, the government decided to activate the committee.

Court asked to counsel of the respondents to check whether wildlife department is in agreement or not of the submitted proposals by the CEJ. Case is fixed for mention on 26th of March 2024.