CA has no jurisdiction over Shihabdeen’s appeal: ASG

By Chitra Weerarathne

Additional Solicitor General (ASG) Sumathi Dharmawardene, PC yesterday (17) told the Court of Appeal that Gynaecologist of the Kurunegala Teaching Hospital Dr. Shafi Shihabdeen, had complained to the Public Services Commission (PSC) that he had not received back wages and certain allowances due to him for a specified period of time.

When the matter was before the PSC, the Court of Appeal had no jurisdiction to consider the Writ of Mandamus filed by Dr. Shihabdeen, regarding his back wages and allowances, ASG told the court.

ASG Dharmawardene explained to the Court of Appeal that according to Articles 58 and 61 of the Constitution of Sri Lanka, a matter before the PSC could not be argued before the Court of Appeal.

Dr. Shihabdeen had been accused of having sterilised women without their consent, at the Kurunegala Teaching Hospital, the court was told. He had been under interdiction for some time, and later reinstated. The Preliminary Inquiry regarding Dr. Shafi is due on February 19. Dr. Shafi does not want it to be chaired by Dr. Chandana Kandagamuwa, according to his complaint to the PSC.

Sumathi Dharmawardene, PC appeared with State Counsel Medaka Fernando for the state. Faiz Mustapha President’s Counsel with Pulasthi Hewamanne and Faizar Markar, were retained by Dr. Shihabdeen.

This case will be taken up again before the Court of Appeal on March 4.

The Bench comprised Justice Sobitha Rajakaruna.