9 September 2016 06:02 pm
The Bench comprised Chief Justice K. Sripavan and Justice Nalin Perera.
The petitioner cited Health, Nutrition & Indigenous Medicine Secretary Anura Jayawickrama, Health Services Director General P.G. Mahipala, Medical Services Deputy Director General Lakshmi C. Somatunga, the IGP, SSP B.R.S.R. Nagahamulla, CID Chief Inspector Ravindra Wimalasiri, JMO Ajith Tennakoon, Legal Medicine and Toxicology Department Senior Lecturer Jean Perera, Addl. JMO A. Hevage and the Attorney General as respondents.
Petitioner is the Vice Chancellor of the South Asian Institute of Technology and Medicine (SAITM), said he was appointed as the Chief JMO of Colombo and the Head of the Institute of Legal Medicine and Toxicology in November 2007 and served in that capacity until his retirement in June 2013.
He said he believed that the body parts retained for further examination on his instructions and stored in the freezer may have been misplaced and/or lost and/or destroyed and/or discomposed during the transition of material to the new cooler during the tenure of new Chief JMO.
He is seeking a declaration from the Court that his fundamental right to equality and freedom from arbitrary arrest has been infringed upon by the respondents.
Paliltha Fernando with Tissa Weragoda instructed by Dinushi Perera will support this application for granting of leave to proceed. (S.S. Selvanayagam)