COLOMBO : Supreme Court Justice Yasantha Kodagoda yesterday recused himself from hearing the Fundamental Rights petition filed by parents of 20-day-old infant who died after being infected with COVID-19.
Justice Kodagoda declined to sit on the bench, citing personal reasons.
Accordingly, the petition was re-fixed for support to be taken up before a fuller bench comprising five Supreme Court Judges, on May 25.
Supreme Court bench comprised Justices Priyantha Jayawardena, L.T.B. Dehideniya, Yasantha Kodagoda and Kumuduni Wickremasinghe.
The petitioners are seeking an order directing the health authorities to produce all medical records pertaining to the hospitalization, death and disposal of the dead body of the infant child of the Petitioners.
They are also seeking an order to appoint a committee of experts to review the regulations and procedure pertaining to the disposal and cremation of bodies of persons deceased by the Covid-19 virus.
The petitioners (parents) Mohomed Farook Mohomed Fahim and Fathina Shafnaz have named the Director General of Health Services, the Director of the Lady Ridgeway Hospital for Children, the Minister of Health, Nutrition and Indigenous Medicine, Ministry Secretary and several others as respondents.
The petitioners stated that they were not provided with any documentary evidence to clarify that their new born child had tested positive for COVID-19.
The petitioners alleged that the body of child was cremated against the parents’ wishes violating their Fundamental Rights.
President’s Counsel Faizer Mustapha, Counsel Shantha Jayewardena, Mehran Careem, Pulasthi Rupasinghe with Hafeel Farisz under the instructions of Sanjeewa Kaluarachchi appeared for the petitioners.
Senior Deputy Solicitor General Nerin Pulle appeared for the Attorney General.
