Dr. Shafi’s FR petition postponed to 6 August

By S.S. Selvanayagam

Supreme Court yesterday deferred to 6 August for granting of Leave to Proceed, the Fundamental Rights petition filed on behalf of Dr. Mohamed Shafi Shihabdeen (42) of Kurunegala Teaching hospital.

The Bench comprising Justices B.P. Aluvihara, L.T. B. Dehideniya and P. Padman Surasena deferred the matter as the Respondents informed court that they had not received Notices. 

Dr. Shafi is alleged to have sterilised women and filed a Fundamental Rights petition against his arrest and detention at the Criminal Investigations Department (CID).

The Petitioner in his petition filed through his Attorney-at-Law Rushdie Habeeb claims that his arrest had taken place as a result of “jealousy” over a purchase of three land slots worth Rs. 130 million in Kurunegala.

These lands had been jointly purchased by three persons including him, the Petition states.

He denies allegations of sterilising women and has stated allegations have not been supported by clinical evidence. He seeks an Order from the court to quash the detention order issued against him under the Prevention of Terrorism Act (PTA). He is seeking an interim order as well on his detention at the CID.

He cited Defence Ministry Secretary Shantha Kottegoda, Attorney General Dappula de Livera, Acting IGP C. Wickramaratne, Kurunegala OIC (Crimes) Pushpalal, Kurunegala DIG Kithsiri Jayalath, and CID Director Shani Abeysekara as Respondents.

Faisz Musthapha PC with Razeed Zarook PC, Faiza Markar and Hejaz Hisbullah appeared for Dr. Shafi.

The Petition states that Dr. Shihabdeen contested as a candidate of the United National Party (UNP) at the General Elections of 2015 and secured 54,000 preferential votes and was placed eighth in the list of candidates on the basis of preferential votes received but was not elected as a Member of Parliament as the UNP had obtained only seven seats in the Kurunegala District.

It states after failing to secure a seat in Parliament Dr. Shihabdeen returned to the government service and based on an appeal made by him he was appointed in August 2016 as a Medical Officer, Gynaecology and Obstetrics, Base Hospital, Dambulla and thereafter in February 2017 was transferred to the Teaching Hospital, Kurunegala as a Senior House Officer, Gynaecology and Obstetrics.

Petition states that Dr. Shafi Shihabdeen and three other persons in their individual capacity purchased the land at Kurunegala.

The Petitioner claims that the purchase of the said land and premises caused jealousy and the perception that Dr. Shihabdeen had amassed wealth and that could have contributed to his illegal arrest and illegal.

Petition claims 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.

On 22 May the First Respondent reported to the Kurunegala Magistrate that a Muslim doctor serving in the Teaching Hospital, Kurunegala was assisting Muslim extremists groups having links with ISIS terrorists.

Petition states that thereafter the First Respondent had conducted ‘investigations’ and had purportedly received ‘intelligence information’ that the unidentified doctor was causing harm to the fallopian tubes of Sinhalese women when performing caesarean operations and thereby reducing the functionality of the said organs which in turn results in those women becoming infertile.

Petition alleges that the statements that ‘investigations’ were being conducted or have been conducted are totally false.

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 Jamath or any group or person linked with ISIS.

Petition states that after the Easter Sunday attacks and before 23 May, Dr Shihabdeen’s house and Goldmed Diagnostics and Laboratories 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.

Petition states that towards the end of April, Police officers from the Kurunegala Police Station visited Dr. Shihabdeen’s residence and as Dr. Shihabdeen and his wife Dr. M.N.F. Imara were not at home they had questioned their daughter about visitors to the house and left the premises.

Petition states the allegation that Dr. Shihabdeen had surreptitiously performed sterilisations on Sinhalese women whilst doing caesarean 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.

Petition states further that a caesarean is done in the operating theatre in the presence of at least six other persons and maintains the allegation of surreptitiousness is absurd in these circumstances.

Petition states that Respondents have acted maliciously, arbitrarily and illegally in arresting and detaining Dr. Shihabdeen.