This case was filed on 21st of September 2021, by Center for Environmental Justice, Withanage Don Hemantha Ranjith Sisira Kumara, Pathragoda Kankanamge Dilena, Panchali Madurangi Panapitiya, Maheshi Nalinka Munasinghe and Wadduwage Visakha Perera, to challenge the Gazette Extraordinary No. 2241/41 dated 19.08.2021 and its Regulations No. 01 of 2021 cited as “Fauna and Flora (Protection, Well-Being, and Regularization of Registration of Tamed Elephants)” published under Section 22A of the Fauna and Flora Protection Ordinance (FFPO). This Regulation has shrewdly permitted elephants to be used in commercial activities, hence, a blatant violation of the FFPO. Also, on or about 03rd September 2021, Learned Additional Magistrate of Colombo and Learned Magistrate of Matale had ordered the Director General of National Zoological Gardens to release elephants that were in the custody as productions, in Cases bearing Nos. B 23073/01/15 and B 941/14, respectively back to their so-called owners, upon the consideration of an application made by Officer-in-Charge of the Unit 01 of the Criminal Investigation Department with reference to Gazette Extraordinary No. 2241/41.

The petitioners state that the release of elephants based on the gazette notification No.2241/41 was illegal and that there is no right of releasing the elephant Sujeewa and Calf to be released as ordered by the court based on it and therefore, challenge both the Gazette and the orders made under the same in this case.

As this case was filed under the grounds of urgency on 21st September, it was taken up and supported in the Court of Appeal on 22nd September 2021. On this day, the court observed that passing on the custody of Sujeewa elephant and her calf involved in this case to their original owners should not be done at this time. Accordingly, the Court of Appeal further directed the Registrar of the Colombo Magistrate’s Court to inform the Registrar of the Court of Appeal regarding these observations.

On 29.09.2021 this case was taken up and the Court of Appeal issued an order to further retain “Sujeewa” and her calf under the Department of Wildlife Conservation and not to register any of the 14 elephants released by the magistrate courts until further notice. Yet again, on 2021.11.23 the Court order to keep the mother elephant and the calf in custody of the Wildlife Department was extended. On 18.02.2022 the court of appeal order to keep the mother elephant and the calf in the custody of the Wildlife Department was extended.

On 29.09.2021 this case was taken up and the Court of Appeal issued an order to further retain “Sujeewa” and her calf under the Department of Wildlife Conservation and not to register any of the 14 elephants released by the magistrate courts until further notice. Yet again, on 2021.11.23 the Court order to keep the mother elephant and the calf in custody of the Wildlife Department was extended. On 18.02.2022 the court of appeal order to keep the mother elephant and the calf in the custody of the Wildlife Department was extended. On 05.12.2022 the interim order issued by this court on 25.11.2022 will be extended until 17.01.2023. The last court hearing took place on 18.01.2024. In that hearing, the case is fixed for the judgment on 28th February 2024.