SC Criticizes AG’s Department for Delays in Case on ‘Illegal’ Elephant Trenches

The Supreme Court reprimanded the Attorney General’s Department today (29 October) for delays in filing objections in a case regarding the environmental impact of elephant trenches.

The case, filed by the Centre for Environmental Justice (CEJ) and its directors, Hemantha Withanage and Dilena Pathragoda, alleges significant environmental destruction from large pits, or "elephant trenches," dug near National Parks and Reserve Forests, purportedly as a conservation measure. Some of these trenches, reportedly as deep as 15-20 feet, cover an estimated 41 kilometers.

The CEJ’s petition, filed earlier this year, claimed the trench project began without proper approvals from the Geological Survey and Mines Bureau (GSMB) or adherence to the National Environmental Act. They sought an immediate halt to the project, compensation for damages, and restoration of affected areas. Following an initial hearing, the Supreme Court issued an interim order to pause the project pending further review.

At today’s hearing, set for the case’s final proceedings, the Supreme Court was informed that the Attorney General’s Department had only submitted objections this morning, despite having several months to respond. The Court expressed dissatisfaction, noting that such delays in public welfare cases are unacceptable and delay the primary relief sought by petitioners while impeding efforts to address environmental damage.

The Court directed the Department of Wildlife Conservation and other respondents to evaluate whether the trenches pose risks to wildlife and public safety. The Wildlife Conservation Department was specifically ordered to carry out a comprehensive investigation and submit a detailed report on the trenches’ condition, with a copy provided to the petitioners.

The case was adjourned to 24 March 2025 and was heard by Supreme Court Justices Mohammad Nawaz, Arjuna Obeysekera, and Achala Vengappuli. Senior attorney Dr. Ravindranath Dabare represented the petitioners under the instructions of attorney Samadhi Hansani Premasiri.