Sakura Energy (Pvt) Limited, has sent a letter of demand (LoD) dated August 10, for Rs. 1,078,272,000 to be paid within 14 days for losses sustained by the company due to the action taken by the Centre for Environmental Justice (CEJ) and its Board of Directors to stop Athwelthota waterfall being converted to a mini hydro project a few years ago.
The CEJ in a media release vehemently denied the contents and the demands in the said letter of demand.
Excerpts of the release:
CEJ asserts that it practiced the constitutional right to the freedom of expression (Art 14(a) of the existing Constitution); and asserts that citizens have an inalienable right under the law to petition the government and its agencies about grievances and to seek remedies.
These rights are a part of the foundations of a democratic socialist republic and are an inalienable right of Sri Lankan citizens and a part and parcel of the sovereignty of the people of Sri Lanka.
The letter of demand, together with the threat of litigation essentially constitutes Strategic Litigations Against Public Participation (SLAPP) aimed at silencing concerned public opinion and the freedom of expression and the right to petition the government through peaceful and legal means and is aimed at deliberately and maliciously oppressing CEJ and its Directors in exercising these supreme and constitutionally guaranteed lawful rights.
The letter of demand is unethical and constitutes a violation of the rules of ethics of the care and the Supreme Court governing the conduct of Attorneys-at-Law and constitutes an attempt to abuse and misuse legal processes and the judicial process and that if litigation is filed it will constitute an abuse and misuse of the process of court and a subversion if the course of justice.
If this litigation is filed, CEJ and its Board of Directors will be constrained to sue for damages caused.
The matter which is subjected to this LoD is a famous waterfall in the Athwelthota Ganga known as Athwelthota waterfall which is a scenic location in the Palindanuwara Divisional Secretariat division.
It is a biological hotspot and found two critically endangered, 10 endangered, two vulnerable and four threatened fish species.
CEJ will respond to the LoD soon. CEJ opposed this dam project with the local communities and the conservation movement in Sri Lanka to protect the waterfall and its irreplaceable value of biodiversity for the future generations.
CEJ strongly believes the threat of a SLAPP suit for practicing of such rights is an unacceptable abuse of the judicial process.