The Attorney General’s office informed the Supreme Court that the AG was expecting to raise preliminary objections against the FR filed by former Colombo Chief JMO Prof. Ananda Samarasekara.
The former Colombo Chief Judicial Medical Officer sought an interim order preventing the CID from arresting him in connection with the alleged loss of body parts of murdered rugby player Wasim Thajudeen.
Additional Solicitor General Ayesha Jinasena and Deputy Solicitor General Dilan Ratnayake on behalf of the AG informed Supreme Court when the case was taken up yesterday they were expecting to raise preliminary objections against the petition.
When the petition came up before Supreme Court two-judge-bench comprising Chief Justice K. Sripavan and Justice Nalin Perera, the AG was directed to file limited objections within two weeks time.
The petition is to be taken up again on October 24.
In the meantime , counsel Thishya Weragoda appearing for the petitioner told Court that the petitioner would retain President’s Counsel Romesh de Silva as the petitioner’s counsel from next hearing date.
Former Attorney General Palitha Fernanado PC appeared for the petitioner during the previous occasion.
Professor Ananda Samarasekara, former Chief Judicial Medical Officer of Colombo Vice Chancellor of the South Asian Institute of Technology and Medicine (SAITM) Malabe, filed this Fundamental Rights Petition against the infringements and imminent infringement of his fundamental rights in relation to the ongoing investigation in connection with the death of Wasim Thajudeen.
The Secretary of the Ministry of Health, Nutrition and Indigenous Medicine, and 12 others have been named as Respondents.
In the Petition, it is alleged that the incumbent JMO, Dr. Ajith Tennakoon has orchestrated a malicious campaign to discredit Professor Samarasekara and his findings in the Postmortem Report and thereafter, mislead the CID to investigate Prof. Samarasekara for an alleged loss of body parts of Thajudeen lawfully retained for further examination.
It is further alleged that the CID has acted with bias and has not conducted its own investigations and had accepted Dr. Tennakoon’s version as being correct and proceeded on such basis.
The Petition further alleges that the purported inquiry by the Ministry of Health has not been authorised by the Additional Magistrate of Colombo, and the submission of the purported preliminary investigation report as a final report is also in violation of Prof. Samarasekara’s fundamental rights.
Counsel Thishya Weragoda, Iresh Seneviratne and Chinthaka Sugathapala instructed by Thamila Dinushi Perera, appear for the Petitioner Prof. Ananda Samarasekara.
