The Supreme Court today reserved its judgment in the Fundamental Rights petition filed by a doctor who was interdicted following his statement to the media regarding malnutrition among children in the Suriyawewa area.
Accordingly, the Supreme Court would deliver its judgment regarding this petition in due course.
The petitioner, Dr. Galmangoda Guruge Chamal, is seeking an order quashing the recommendation of the Health Ministry Secretary to interdict him from services, as reflected in the letter dated October 25, 2022.
The Supreme Court’s three-judge bench was comprised of Justices Buwaneka Aluwihare, Preethi Padman Surasena, and Priyantha Fernando. President’s Counsel Saliya Pieris appeared for the petitioner. Additional Solicitor General Viveka Siriwadena appeared for the Attorney General.
The petitioner states that on or around September 19, 2022, in his capacity as the President of the “Medical and Civil Rights Professional Association of Doctors,” he visited Walsapugala Koswagawa village in Suriyawewa in Hambanthota District to conduct a medical clinic for children in order to check their nutrition levels and health.
The petitioner states that on conducting the survey, he observed that out of the 20 children whose clinic cards were observed, about 6 children were at severe malnutrition levels and about 10 children were at moderate malnutrition levels in the weight chart of the Child Health and Development Record.
The petitioner further said that, at this juncture, he has come to understand that certain media outlets have embellished the statement made by him in their respective newspapers and TV channels.
The doctor states that a letter dated March 11, 2022, preferred under the hand of the secretary to the Ministry of Health, indicates that a preliminary inquiry has already been conducted by the Ministry of Health, and accordingly, it has been found that the petitioner has acted in breach of Section 31:1:15 of the Establishment Code.
The petitioner states that the actions or decisions of the Health Ministry and Public Service Commission are discriminatory, arbitrary, irrational, illegal, violative of equality and equal protection of the law, and violate the Principles of Natural Justice.
