The writ petition filed by Dr. Shafi  Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilisation of female patients was today fixed for support by Court of Appeal.

 

Dr. Shafi is seeking an order directing authorities to pay the salary due and payable to him including back-wages.

 

Court of Appeal Justice Sobhitha Rajakaruna fixed the petition for support on March 4.

 

Meanwhile, the Court of Appeal declined to issue an order directing Director of Kurunegala Teaching Hospital Dr. Chandana Kendangamuwa not to conduct the preliminary inquiry against Dr. Shafi.

 

Counsel Pulasthi Rupasinghe appearing for Dr. Shafi sought an undertaking not to conduct the preliminary inquiry which is scheduled to be held on February 19.

 

Additional Solicitor General Sumathi Dharmawardena PC appearing for the Attorney General raised objections citing that Court of Appeal has no jurisdiction to interfere with an inquiry directed by Public Service Commission in terms of Article 58 and 61 of the constitution. 

 

The petitioner, a gynecologist attached to Kurunegala Teaching Hospital said he has been arbitrarily and unlawfully placed under compulsory leave from his employment without just cause and without legal authority.

 

Director of Kurunegala Teaching Hospital Dr. Chandana Kendangamuwa, Dr. A. M. S. Weera Bandara Former Director of Kurunegala Teaching Hospital, Health Minister Keheliya Rambukwella, Secretary to the Ministry of Health Dr. S. H. Munasinghe, Director General of Health Services Dr. Asela Gunaratne were named as respondents.

 

The petitioner said he was a victim of a hateful, malicious and racially charged campaign that he was alleged of conducting sterilization procedures on females which would render females being barren.

 

The petitioner stated that said allegations have been disputed as being unscientific and false contemporaneously by experts in the field of Gynecology and Obstetrics including Obstetricians and Gynecologists (VOGs).

 

The petitioner states that in terms of section 20.2 of the Establishments Code he is entitled to receive his salary during the period within which he is on compulsory leave. 

 

Additional Solicitor General Sumathi Dharmawardena PC with State Counsel Medhaka Fernando appeared for the Attorney General. 

 

President's Counsel Faiz Mustapha with Counsel Pulasthi Rupasinghe, Hafeel Farisz instructed by Sanjeewa Kaluarachchi appeared for the petitioner. (Lakmal Sooriyagoda)