Panadura Provincial High Court Judge Padmini Ranawaka Gunathileke has suspended an order made by the Kesbewa Magistrate on September 27, on releasing an elephant to one S.N. Roshan, known as (Ali Roshan) of Pannipitiya.
The High Court further made an order to the Wildlife Department to send the elephant (a production of case No B208214) filed before the Kesbewa Magistrate, to the Pinnawala Elephant Orphanage, till the inquiry into the revision petition filed before the High Court, comes to a conclusion.
The judge also ordered the respondents of the Revision Petition to file objections.The Revision Petition was called before the High Court on Tuesday (21). Attorney Aruna Laksiri Unawatuna has filed the Revision Petition before Court on behalf of the Environmental and Cultural Education Center of P.O Box 3 Sigiriya. He has cited S. N. Roshan(Ali Roshan) of Gamunu Mawatha, Pannipitiya and S. H. U. Neshan Dhammika of Navinna Maharagama and the Attorney General as respondents.
Unawatuna in his Revision Petition had stated that the Elephant called 'Sirima' is a production of a case pending before Kesbewa Court, where the suspects were produced in connection with the illegal possession of an elephant.
The 'B' report had been filed by Wildlife Department officials.The Kesbewa Magistrate who held an inquiry into the 'B' Report, made an order on September 27, that the elephant be released to Roshan on a bond valued Rs 4 million.
The petitioners said the magistrate had no judicial powers to do so under the law, regarding an elephant.
The Panadura Provincial High Court Judge who accepted these submissions and objections made by the petitioner's lawyer suspended the Kesbewa Magistrates' order releasing the elephant to the respondents without handing over the elephant to the Wildlife Department.
The judge ordered that the elephant be kept at the Pinnawala Orphanage until the conclusion of the inquiry into the Revision Petition filed before the Panadura Provincial High Court by the petitioner.
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