The Attorney General informed the Court of Appeal yesterday (17) that he opposes the request to issue an interim order suspending the decision taken by the Director General of Health Services to temporarily suspend the approval given to perform kidney transplant surgeries at “Western Hospital”, Borella.
Additional Solicitor General Vikum de Abrew, who appeared for the Attorney General, stated this when a petition filed challenging the decision of the Director General of Health Services was taken up before a panel of judges, Court of Appeal President Justice Nissanka Bandula Karunaratne and M.A.R.Marikkar.
President’s Counsel Faizer Mustapha who appeared for the petitioner,Western Hospital, stated that he expected to present facts regarding obtaining an interim injunction suspending the decision of the Director General of Health Services.
He also expressed his strong objection to the respondents for not submitting objections within the time limit set by court for that.
He also mentioned that he would not file counter-objections to those which were filed without proper procedure laid by the Court of Appeal.
The Additional Solicitor General stated that he would raise his objection regarding those matters.
The Additional Solicitor General, who expressed his objection regarding the interim injunction order, said that the submission of interim relief applications in this manner is not acceptable when the petition has been scheduled for hearing.
He mentioned that it is not possible to ask for interim relief in this way without presenting objections.The Additional Solicitor General further stated that he would object to the intervening petitions filed to report the facts.
After considering the facts presented, the Bench fixed the hearing on the petitions on May 22. Several controversial cases regarding kidney transplants were reported recently and the Director General of Health Services suspended the kidney transplant surgeries performed at Western Hospital, Borella.
The hospital has filed this petition claiming that the petitioner was not called for any investigation before the issuance of this letter of suspending and that the decision taken by the Director General of Health Services without preliminary investigation was unfair and arbitrary and against the principle of natural justice. Therefore the petitioner requested a writ be issued invalidating that decision.
President’s Counsel Faizer Mustapha and Advocates Hafeel Farisz and Zaheeda Bari appeared for the petitioner hospital on the advice of Sanjeeva Kaluarachchi.