“Public officers have a very important function in society. However, the power that is conferred on them is not absolute. They must essentially use such powers for the benefit of the public, to further the purposes for which they were entrusted with such power,” Justice Priyantha Fernando observed, dismissing an FR petition filed by a doctor challenging his interdiction.
The doctor in question, who was interdicted following his statement to the media regarding malnutrition among children in the Suriyawewa area, has been dismissed by the Supreme Court.
The Supreme Court observed that, when looking at the bigger picture, careless behaviour of this nature involving the media should be restrained to preserve social order.
The Supreme Court further observed that the petitioner doctor has failed to establish the violation of his fundamental rights guaranteed under Articles 14(1)(g) and 12(1) of the Constitution.
The petitioner, Dr. Galmangoda Guruge Chamal, sought an order quashing the recommendation of the Health Ministry Secretary to interdict him from services, as reflected in the letter dated October 25, 2022.
“Public officers have a very important function in society. However, the power that is conferred on them is not absolute. They must essentially use such powers for the benefit of the public, to further the purposes for which they were entrusted with such power,” Justice Priyantha Fernando said.
The petitioner maintained that there are children in the Hambantota area who are malnourished as well as children having a high risk of becoming malnourished, and that when taken as a whole, it can be seen that there is a gradual decrease in the weight appropriate to age in about 50–80% of the children in the area, as per the survey conducted by him.
However, the health authorities asserted that it was wrong of the petitioner to come to a conclusion and publish information regarding the overall percentages of malnutrition in a particular area merely on the basis of a survey based on 20 clinic cards of children. The respondent further states that the petitioner has not denied that the sample he took into consideration in coming to the conclusion was in fact 20 clinic cards.
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 Hambantota District to conduct a medical clinic for children in order to check their nutrition levels and health.
