Centre for Environmental Justice (Guarantee Ltd) and Others vs. Minister of Buddhasasana, Religious and Cultural Affairs, and Urban Development and Housing, and Economic Policies and Implementation and Others – sllr 2021 volume 2 page 033

In Centre for Environmental Justice (Guarantee Ltd) and others v. Minister of Buddhasasana, Religious and Cultural Affairs, and others, the court addressed whether the Cabinet’s decision directing the transfer of tamed elephants and the withdrawal of related pending judicial cases infringed the petitioners’ fundamental rights. The court held that such Cabinet decisions do not amount to infringement until acted upon by the Attorney General, and objections regarding non-joinder of parties and time bar were overruled on procedural and substantive grounds. Emphasis was placed on the independent statutory role of the Attorney General and the constitutional obligation, under Article 4(d), to secure fundamental rights. The decision reaffirmed that procedural defects may be set aside in cases impl