SC orders against Water’s Edge deal stands

Wasantha Ramanayake

The Supreme Court would be a toothless watchdog of the Fundamental Rights of the people if the incidental orders are considered to be in violation of the finality of a judgment, observed Chief Justice Asoka de Silva refusing the applications to set aside such orders in the Water’s Edge Fundamental Rights application before the Supreme Court , yesterday.

Delivering the order with other judges on the Bench agreeing, Chief Justice Silva further noted that if such orders held to be lacked jurisdiction, the judgments too would be rendered impotent.

The Chief Justice noted that the incidental orders which would be made after the delivery of the main judgment are necessary for the equitable dispensation of justice. About 12 intervening petitioners including the Access International (Pvt) Ltd, a major shareholder of the former management company of the Water’s Edge Hotel made the application to set aside the incidental orders and revise the judgment in the rights application.

Chief Justice Silva pointed out that the intervening petitioners had sought the relief after 9 months of the delivery of the judgment in October last year.

He noted that the applicants are making belated claims even after the retirement of the former Chief Justice who was one of the members on the Bench which heard the case. The CJ noted that the applicants should have made their claims promptly before the same Bench when the those incidental orders were made.

The Bench comprised Chief Justice Asoka de Silva with Justice Ms. Shirane Thilakawardane and Justice K. Sripavan.

The Water’s Edge Judgment was delivered by Justice Ms. Shirane Thilakawardane with then Chief Justice Sarath N. Silva PC and Justice K. Sripavan agreeing on October 08, 2008.

The Bench earlier made the some incidental orders that included paying compensation for the bona fide purchasers of lands from the Asia Pacific Golf Course Ltd., the management company of the Water’s Edge.