The Court of Appeal yesterday (3 April) took up the petition filed by R. Duminda Silva, seeking an order to reinstate him at the Prison Hospital, suspending the prison authorities’ decision to transfer him from the Welikada Prison Hospital to a standard prison cell without a proper medical recommendation.
The court adjourned the consideration of the petition until 8 May. It also directed the Attorney General to file limited written objections before that date and submit affidavits to substantiate the facts.
Senior President’s Counsel Rienzi Arsacularatne, representing the petitioner, argued that Silva, a victim of a gunshot wound who suffered severe head injuries and underwent multiple surgeries, required hospitalisation. He requested an order for his client to be readmitted to the Prison Hospital.
The Deputy Solicitor General, representing the AG informed the court that Silva had received treatment in a special residential ward at Sri Jayewardenepura Hospital for years based solely on the recommendation of a particular doctor. He cautioned that allowing such privileges for one individual could set a precedent for other inmates to seek similar treatment.
He further argued that granting special privileges based on financial or other considerations could violate the fundamental rights of other prisoners and detainees.
