The writ petition seeking to issue an interim order directing relevant authorities to prevent any transportation and movement of 142 containers consisted of waste imported from the United Kingdom lying at the Colombo Port and BOI Free Trade Zone in Katunayake to be taken up tomorrow (29) before the Court of Appeal.
The petition against the two consignments was filed by the Executive Director of the ‘Centre for Environmental Justice’ HemanthaWithanage naming the Central Environmental Authority, the Sri Lanka Customs and the Attorney General’s Department as respondents of the case.
According to the petition, garbage containers are in two locations as two separate consignments (102 containers in Colombo International Container Terminal -CICT of the Colombo Port and 122 containers in the Free Trade Zone in Katunayake Naikanda BOI (Board of Investment) premises.
After considering the remarks made by the petitioner’s counsel Ravindranath Dabare, the CA (President) Justice Yasantha Kodagoda instructed the State Counsel Charuka Ekanayake who represented the Attorney General (AG), to get the full assistance of the AG with regard to the matter and issue an order to the Director-General of Customs to take steps to maintain the status quo with regard to both consignments.
However, the court did not receive sufficient evidence to determine whether the garbage containers in the BOI premises are within the legal purview of the Department of Customs.
The CA also advised the petitioners to include the Board of Investment and Hayleys Free Zone Limited, the importer of 122 containers which are now lying at the Katunayake BOI zone, also as respondents to the case.
Meanwhile, Senior Counsel Romesh De Silva PC who appeared on behalf of Hayleys Advantis, the parent company of Hayleys Free Zone informed the courts that the consignment at the Colombo port premises does not belong to his client (Hayleys) but the 122 containers at the Katunayake BOI zone belong to Hayleys and that it does not include any clinical waste as reported by the media and also in the petition.
“Those materials are to be value-added and re-exported. They are not for the local market” the counsel assured the court. He also said that the 122 containers which are originally from the United Kingdom did not come from any hospital or a medical institute to the best of his
knowledge. Also, that consignment only consists of used mattresses and no other waste, he further informed the court.
The bench comprised justice Arjuna Obeysekara together with the President of the Court of Appeal, Kodagoda.