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SC calls for judicial medical reports of Emmanual Fernando

by Indeewara Thilakarathne

The Supreme Court yesterday called for the judicial Medical reports and other ducuments pertaining to Emmanual Micheal Fernando, who was recently sentenced to one year Rigorous Imprisonment for contempt of Court, before April 28.

The Bench comprised Justices Dr. Shirani Bandaranayake, J.A.N de Silva and Nihal Jayasinghe.

In this case, the petitioner Suranjith Fernando on behalf of Emmanual Fernando has cited Dayan Chrishantha, W.A. Priyantha (jail guards) and the Attorney General as respondants.

The petitioner states that Emmanual Fernando (46) was served a one year RI sentence by the Supreme Court on February 6, 2003 and was taken to the Welikada prison by respondant prison guards. He further states that whilst on the way, the petitioner's asthmatic condition was aggravated. Later the petitioner was transffered to the Colombo National Hospital. However, the petitioner was not given a bed and was forced to sleep on the floor.

When his condition improved, he was taken back to the Welikada prison on a stretcher. The petitioner claims that he had to get down from the stretcher as it could not be taken into the prison vehicle in which he was to travel to the Welikada prison. At that stage one jail guard had grabbed the petitioner by his shoulders. Then the petitioner cried in pain. The jail guard threatened the petitioner with the words," If you call your father, I will kill you". When the petitioner fell down he was assualted on the face and thrown inside to the vehicle.

As a result, the petitioner was admitted to the Welikada Prision hospital. Later he was transferred to Colombo National Hospital.

The petitioner further states that UNHCR legal Expert Dato Coomaraswamy had visited him in hospital. Petitioner states that his fundamental Rights have been violated and claims a sum of Rs. 1 million as damages.

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