Chief Justice Jayantha Jayasuriya has nominated a fuller bench comprising five-judges of the Supreme Court to hear the Fundamental Rights petition filed by parents of 20-day old infant who died after being infected with COVID-19.
When the petition came up before the Supreme Court four-judge-bench, Justice A.H.M.D. Nawaz recused himself from hearing this petition, citing personal reasons.
The petitioners in this case are seeking an order directing the health authorities to produce all medical records pertaining to the hospitalization, death and disposal of the dead body of the infant child of the Petitioners.
The petition was re-fixed for support on the29th March since Supreme Court bench was not properly constituted.
The petitioners are also seeking an order to appoint a committee of experts to review the regulations and procedure pertaining to the disposal and cremation of bodies of persons deceased by the Covid-19 virus.
The petitioners (parents) Mohomed Farook Mohomed Fahim and Fathina Shafnaz have named the Director General of Health Services, the Director of the Lady Ridgeway Hospital for Children, the Minister of Health, Nutrition and Indigenous Medicine, Ministry Secretary and several others as respondents.
The petitioners stated that they were not provided with any documentary evidence to clarify that their new born child had tested positive for COVID-19.
The petitioners alleged that the body of child cremated against the wishes of the parents violating their Fundamental Rights.