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| Judges make law an ass through impractical thinking: oil pollution causes grief to whole country |
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(Lanka-e-News -25.Aug.2012, 10.30PM) The cargo ship ‘Thermopylae Sierra’ of Cyprus which was remaining anchored for the last five years in the Panadura sea about 3 miles out, sank day before yesterday (23) . At that time 70 of its 350 ton oil were in it. This oil had now escaped to the waters and has spread with the sea water to as far as Negombo. Today oil comes to Wellawatta beach
In characteristic style however , Coast conservation authorities , the environment Ministry and the disaster management Center in their deep slumber are saying , ‘nothing to worry, oil has still not come to the shores. When it does come we will look into it’ .
Like how they remained idle for five years , they are still unable to wake up. Even when the media were in receipt of information one week ago that this vessel was going to drown , the relevant authorities rejected this and said , there is no such possibility. Some others said , because of the issues at court , they cannot say anything. It was only when three persons from the vessel came out yesterday saying the vessel is sinking that the eyes were opened.
This ship was anchored this long owing to a dispute in the SL court between the ship employees and its owners. It can be imagined how our courts kill and waste time based on this case which lasted for 5 years and remains still unsolved.
Since there was a great likelihood for this ship to sink , 270 tons of the over 350 tons oil in it were taken out , but about 70 tons of oil were still remaining . The Environment Ministry which was aware of the dangers attempted to take the vessel to Trincomalee , but the shipping Co. obtained an injunction order against it , which baulked Ministry’s efforts . Today owing to this widespread pollution , it is the entire nation that has to suffer. The courts must hold itself responsible fully for this disaster . To speak against this , the SL media are frightened , since it is a court involvement.
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The Commercial court had the opportunity to resolve this issue promptly , and ensure that this unnecessary oil is evacuated from the country without risking pollution . But now, due to neglect and indifference of the parties responsible, the entire environment is being polluted : not only the people but even the plants and other lives are endangered .
Who are these Donkeys of the Appeal court who could not understand this simple truth and risks? These pedantic Judges who only adhere to laws in the books like books on a Donkey’s back, without a practical understanding of the issues and national interests , must learn that their duty as a judge is not just interpreting the laws literally following only the words in the statutes , but have wisdom to apply the laws practically so that mankind would benefit justly. |
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Laws are enacted on the fundamental premise to benefit mankind justly and practically . Hence , laws exist to ensure and reinforce the Birthrights of the people , uphold the natural and fundamental principles of justice , people’s freedom and their best interests , not to restrict them.
We are emphasizing these facts and features of the law , in the best interests of the country and the judiciary so that the latter may try to see a little beyond just the theoretical application of the law . Let us make it abundantly clear here in all humility , that we are not in the least trying to teach the grandmother to suck eggs.
The whole country is aware how many judgments have been delivered by the courts of SL without giving thought to these perspectives. Among them are the judgments given in favor of MPs to pole vault from one party to another. By such decisions, changes towards the promotion of Democracy and people’s birthrights and fundamental rights cannot be established.
In the circumstances, those judges who gave the judgment that led to the environmental pollution causing losses to the country ought to pay via compensation and/or damages for these evil fallouts of their injudicious thinking and indiscretions.
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| By Sandaruwan Senadheera -Translated to English By Jeff |
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