The Court of Appeal yesterday (7) issued an Interim Order suspending the implementation of the letter issued by the Director General of Health Services,
temporarily suspending the kidney transplant surgeries being performed at Western Hospital, Borella.
The Court issued this Interim Order after considering submissions by lawyers of the petitioner and the respondent regarding the writ petition filed by the hospital against the decision of the Director General.
This Interim Order will remain in force until the hearing of the petition is over. The order was issued by Court of Appeal President Justice Nishanka Bandula Karunaratne and Justice M.A.R.Marikkar.
President of the Court of Appeal Justice Nishanka Bandula Karunaratne stated that court has found that due to the temporary suspension of kidney transplant operations at the hospital, the court has seen irreparable loss and damage after considering the documents presented when considering the petition.
The Bench said that it will issue an Interim Order suspending the letter issued by the Director General of Health Services as requested by the petitioners. Further consideration of the petition was fixed on June 14. There have been several controversial cases regarding kidney transplant recently and the Director General of Health Services issued a letter suspending kidney transplant surgeries being performed at the Hospital in Borella.
This petition has been filed claiming that the decision taken by the Director General of Health Services is unfair and arbitrary and contrary to the principle of natural justice, requesting that a writ be issued invalidating the said decision. The petition was filed by the Western Hospital and Prof.Rizvi Sheriff. Health Services Director General, Health Minister, Attorney General are among those who have been cited as respondents
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