Dr. Shafi files FR petition in SC | Daily News

Dr. Shafi files FR petition in SC

Dr. Shafi Shihabdeen, the controversial doctor attached to the Kurunegala Teaching Hospital yesterday filed a Fundamental Rights petition in the Supreme Court seeking an interim order for his release from CID custody.

Attorney Rushdie Habeeb filing this petition on behalf of Dr. Shafi Shihabdeen named Inspector Pushpalal, Officer-in-Charge of Crime Division, Kurunegala Police Station, the Officer-in- Charge, Kurunegala Police Station, DIG Kithsiri Jayalath, CID Director SSP Shani Abeyasekera, acting IGP Chandana Wickremaratne, the Defence Ministry Secretary and, the Attorney General as respondents.

The Petitioner further sought an interim order suspending or staying the operation of the detention order issued on Dr. Shafi Shihabdeen purportedly acting under section 9(1) of the Prevention of Terrorism (Temporary Provisions) Act No: 48 of 1979.

The Petitioner further sought an order declaring that Dr Shihabdeen’s Fundamental Rights guaranteed under Article 12(1), 12(2), 13(1), 13 (2) and 14(1)(g) have been violated by the illegal arrest and illegal detention purportedly under a detention order as stated in the Report filed in the Kurunegela Magistrate’s Court.

The Petitioner states that the Respondents have acted maliciously, arbitrarily and illegally in arresting and detaining Dr. Shihabdeen. The Petitioner further said that Dr. Shihabdeen’s arrest, detention and continued detention are “illegal, unreasonable, disproportionate and an abuse of power”.

The petitioner maintained that there was no basis on which one could form a reasonable suspicion justifying the arrest of Dr Shihabdeen with regard to any offence and in particular with regard to any offence or unlawful activity defined and made punishable under the Prevention of Terrorism (Temporary Provisions) Act No: 48 of 1979.

The Petitioner states that to the best of his knowledge and belief that the purchase of the land and premises in Kurunegala caused jealousy and the perception that Dr. Shihabdeen had amassed wealth and that could have contributed to his illegal arrest and illegal detention.

The Petitioner states that Dr Shihabdeen’s contribution towards the purchase consideration was paid by monies earned from his savings from his salary, earnings from his private practice and other declared income sources.

The Petitioner states that Dr.Shihabdeen has never been a member of, involved with, connected to or assisted any terrorist group and in particular the National Thowheed Jama’ath or any group or person linked with ISIS.

In the B Report dated May 30th, 2019, it has been reported to Court that ‘witness’ statements recorded by the Kurunegala Police during their investigations had disclosed that Dr Shihabdeen had squeezed the fallopian tubes of mothers during caesarian and normal deliveries and caused them to stop functioning. The Petitioner states that it is impossible to access the fallopian tubes during normal deliveries.

The Petitioner states that after the Easter Sunday Attacks and before May 23, 2019, Dr. Shihabdeen’s house and Goldmed Diagnostics and Laboratories (Pvt) Ltd have been searched by the Police on three separate occasions and no allegations of criminal and/or terrorist activity was made out or put forward.

The Petitioner categorically states that the allegation that Dr.Shihabdeen had surreptitiously performed sterilisations on Sinhalese women whilst doing caesarian operations is baseless, frivolous and unsupported by any clinical evidence and has been made out maliciously to tarnish his image and cause disrepute to him professionally and personally.

Dr. Shafi states further that a caesarian is done in the operating theatre in the presence of at least six other persons namely - one House Officer, one Medical Officer anaesthetist, one running nurse, one nurse assisting the Senior House Officer [SHO], one paediatric house officer and one mid-wife.

The Petitioner said whilst the caesarian is being performed, the others in the room are watching the actions of the SHO attentively as they need to respond to his requests and to any unexpected emergency with utmost speed as the life of the mother and the child are involved. The allegation of surreptitiousness is absurd in these circumstances.

He further said damaging the fallopian canal/tubes through ‘clamping’ would not be possible as that would require two extra clamps in addition to the forceps, clamps and equipment issued for a caesarian and which extra clamps have to be specifically requested from the hospital and issued by the nurse and which again would raise an alarm and suspicion.

The Petitioner further said caesarians are performed with the authorisation by a Consultant, Obstetrics and Gynaecology, and under his or her supervision and for which operations the Consultant is responsible.

The Petitioner further stated that Prof. Hemantha Senanayake, Head of the Department of Obstetrics and Gynaecology at the Faculty of Medicine, Colombo University and former President of the College of Obstetrics and Gynaecology speaking to a national newspaper stated that the ‘sterilisation story’ is highly unlikely “because usually, in the presence of other medical officers, it isn’t an easy task to carry out thousands of wrong C - section deliveries and that the fallopian tubes are not usually seen at caesarian sections”.

The Petitioner states that Dr. Shihabdeen has performed his duties under the guidance of the following Consultants in Obstetrics and Gynaecology; Dr. Upali Jayawardena, Dr. Rohantha Periyapperuma, Dr. Gunasinghe, Dr. S. B. Ekanayake, Dr. Peshala Dangalla, Dr. Pathinisekara, Dr. Sumith Warnasooriya, Dr. Susantha Amarasinghe and Dr. Lenadora. The petitioner stated that these consultants have not raised any questions or made any complaints whatsoever against Dr. Shihabdeen with regard to the performance of his duties.

This petition had been filed through Faisz Musthapha PC, with counsel Hejaaz Hizbullah, Hafeel Farisz, Shifan Maharoof and M.Jegatheeswary instructed by Razmara Abdeen.

 

 


 

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