City and Hospital Coroners in professional impasse
The Supreme Court has directed the Attorney General to ascertain whether a gazette notice made on May 6, 2011 by the Justice Ministry Secretary stating the eligibility of persons to be appointed as Hospital Coroners was still in force.
It made this order considering an application filed in the SC under Article 126 of the Constitution by City Coroners M. Ashroff Rumy and Iresha Darshanee Samaraweera citing nine respondents including National Hospital Coroners U.L.G. Athura and A.L.M. Maharoof.
The petitioners had sought the SC to issue a permanent injunction preventing the two Hospital Coroners Ms. Athura and Mr. Maharoof from acting as additional city coroners and meanwhile sought Court to issue an interim order restraining them from acting as additional city coroners.
The petitioners claim that the two appointments were made by the Justice Minister, the Ministry Secretary and Assistant Secretary by violating the criteria for appointing additional city coroners.
They said only Attorneys-at-law should hold that position and not any others as there was a practice of appointing only lawyers for the post.
However, Senior Counsel Ian Fernando with Sumudu Ratnayake appearing for the two hospital coroners objecting said the petition was a misconception of the law and had deliberately suppressed or misrepresented the material facts.
The Counsel said the petitioners had not come with clean hands, before the court.
The respondents counsel said his clients had functioned as Colombo National Hospital Coroners and not as Additional City Coroners from January 16, 2012 under the gazette notice issued by the Justice Ministry.
He highlighted the fact that all government hospitals had hospital coroners selected from eligible candidates who were not Attorneys-atlaw and were called Hospital Coroners and not Additional City Coroners.
Dr. Sunil Cooray with Indika Mahendran appeared for the petitioners. Senior Counsel Ian Fernando with Sumudu Ratnayake appeared for the respondents. State Counsel Suren Gnanaraj appeared for the AG.