By Ranjith Padmasiri  The Supreme Court (SC) has lifted the interim injunction staying the Colombo High Court from hearing the case into eight accused being tried over the X-Press Pearl disaster. After lifting the interim injunction, the SC also notified the registrar of the Colombo High Court to take appropriate steps to speedily take up [...]

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SC paves the way for X-Press Pearl case to be heard in High Court; lifts interim injunction

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By Ranjith Padmasiri 

The Supreme Court (SC) has lifted the interim injunction staying the Colombo High Court from hearing the case into eight accused being tried over the X-Press Pearl disaster.

After lifting the interim injunction, the SC also notified the registrar of the Colombo High Court to take appropriate steps to speedily take up the case before the High Court. The order was given by a five-judge SC bench comprising Justices Yasantha Kodagoda, Dilip Nawaz, Shiran Gooneratne, Achala Wengappuli and Priyantha Fernando.

When the case was taken up before the SC, the accused petitioners requested court to extend the interim stay order.

Deputy Solicitor General (DSG) Madawa Tennakoon, who appeared for the AG, told court that both the High Court and the Court of Appeal have accepted the objections raised on behalf of the respondents. Even if the SC were to take up the appeal against that ruling, he urged court to lift the interim injunction staying the Colombo High Court’s hearing into the case.

He further pointed out that this is a case concerning marine pollution, with one of the accused being a Russian national. As such, the government had an obligation to conclude the case as quickly as possible, DSG Tennakoon stressed, requesting the court to lift the stay order.

After the SC considered the matter and lifted the stay order, DSG Tennakoon filed a motion before Colombo High Court Judge Sujeewa Nissanka, requesting him to issue notices on all the accused to be present in court on April 4.

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