Fundamental rights petitions demanding compensation for the environmental damage and losses suffered by fishermen due to the X-Press Pearl ship fire were re-examined today (25) before the Supreme Court.
These petitions were filed by His Eminence Malcolm Cardinal Ranjith and members of the fishing community, seeking justice for the devastating impact of the disaster.
Supreme Court Panel and Legal Arguments
The petitions were reviewed by a five-judge bench of the Supreme Court, comprising Chief Justice Jayantha Jayasuriya, Justices Murdu Fernando, Yasantha Kodagoda, Siran Gunaratne, Achala Wengappuli, and Priyantha Fernando.
Appearing on behalf of the Attorney General, Additional Solicitor General Neran Pulle stated that the petitioners had sought compensation for the severe environmental damage caused by the fire. He further revealed that investigations found the leakage of nitric acid from the vessel’s cargo to be the root cause of the disaster.
Responsibility and Legal Proceedings
The captain and crew members, along with the ship’s owning company, were deemed responsible for the incident. Investigations revealed that despite being aware of the acid leak for nine days, the ship’s authorities failed to take necessary preventive measures, leading to the catastrophic fire.
However, Additional Solicitor General Pulle argued that fundamental rights petitions could not be used to claim compensation from private entities. Instead, he emphasized that lawsuits should be filed in the appropriate courts against the ship’s owners to recover compensation.
Furthermore, he assured that compensation obtained through the government’s ongoing legal cases against the responsible parties would be distributed to affected individuals, including fishermen who suffered losses due to the disaster.
The X-Press Pearl incident remains one of the worst environmental disasters in Sri Lanka’s history, causing extensive damage to marine life and livelihoods, prompting ongoing legal battles for justice and compensation.