Supreme Court decides to take up FR violation petition filed by suspended outspoken doctor

By A.J.A. Abeynayake

The Supreme Court on Wednesday (14) decided to take up the case filed by Dr. Chamal Sanjeewa against being suspended from duty for revealing that there is a high prevalence of malnutrition in Hambantota. Dr. Sanjeewa is the Chairman of the Professional Forum of Physicians on Medical and Civil Rights.

The case was taken up before justices Buwaneka Aluwihare, Kumuduni Wickremasinghe and Janak de Silva. Dr. Sanjeewa was represented by Sri Lanka Bar Association President Saliya Peiris, PC. However, the court dismissed a request by President’s Counsel Peiris to lift the suspension against Dr. Sanjeewa. The case will be heard from 07 March.

Counsel Peiris said that his client had declared that there was a high prevalence of malnutrition in an area in Hambnatota after a scientific study. It was just to restrict Dr. Sanjeewa’s right for expression through an establishment code, Peiris said.

The lawyer said that by suspending him, the Ministry of Health and the Public Service Commission had violated Dr. Sanjeewa’s fundamental rights.The petitioner has named Minister of Health Keheliya Rambukwelle, Secretary to the Ministry of Health, Janaka Sri Chandragupta and 21 others as respondents.

The petitioner has demanded Rs. 10 million as compensation and his reinstatement in a position that befits his education and professional qualifications and experience.Dr. Chamal Sanjeewa in September said that 80% of children in a village in Suriyawewa were malnourished.

“A similar situation prevails in most parts of the Hambantota District. Health administrators must visit rural areas, conduct studies and find solutions to the problems of the people. If immediate steps are not taken our children will be in serious trouble,” he said after conducting a study.

Dr. Sanjeewa added that they conducted a research in Walsapugala, Suriyawewa, and that the area had a substantial population. Given that the particular village was a good representation of the Hambantota District, one could assume that a similar situation prevails in all districts, he said.

“Things have really deteriorated during the last six months. Parents say that they only have work twice or thrice a week. They can barely afford to pay for electricity. Once they pay their bills, they can only buy rice, coconut and the most basic food items. They can’t afford eggs, meat or fish,” Dr. Sanjeewa said.