Activated carbon: Confusion in the Supreme Court

A slight mix-up in the Supreme Court between the judges and lawyers for Prime Carbons Lanka (Pvt) Ltd and Jacobi Carbons Lanka (Pvt) Ltd – in the now-famous activated carbon case – led to the case being postponed until October 31.

The stay order barring Jacobi Carbons, an activated carbon manufacturer, from purchasing raw materials in Sri Lanka was further extended till November 1. Prime Carbons, a local manufacturer of activated carbon, as the petitioner in this case claims that Jacobi Carbons, a foreign owned entity, was purchasing raw materials locally despite a scarcity for local activated carbon manufacturers.

The confusion came as a result of an interim order issued at the previous inquiry held on September 22 in which Supreme Court judges N. Jayasinghe, S. Tilakawardane and N.E. Dissanayake directed that the next date (last week's inquiry) be held before the ‘same bench’. However, on Thursday, the bench was composed of judges N.E. Dissanayake, N. Jayasinghe and Saleem Marsoof and lawyers for both sides of the case never mentioned the order until some time later. Faiz Musthapha, legal counsel for Jacobi Carbons, had begun his submissions and it was after a while when K. Kanag-Isvaran, legal counsel for Prime Carbons, raised the issue of the previous court order where the case should be heard before the same bench.

On the previous date, the Court had issued summons on Minister of Trade and Commerce Jeyaraj Fernandopulle, Coconut Development Authority Chairman D.J.U. Purasinghe and Secretary to the Ministry of Coconut Development K.W.E. Karalliyadde to appear before court and explain as to why the court's February 13 ruling had not been complied with. In February, the CDA had been asked to formulate rules and regulations pertaining to Jacobi Carbon's access to raw materials in Sri Lanka. The regulations were subsequently gazetted but without the concurrence of Minister Fernandopulle as required by the CDA Act. Therefore, they could not be implemented.

The officials with the exception of the minister were present in court.

Prime Carbons counsel Kanag-Iswaran told court that the company is simply seeking that the regulations be gazetted with the Minister's concurrence. "If the Minister gives concurrence, then the entire case will be over because it will control who can buy raw materials, how much and where," he said.
(NG)