Notice issued on Ayurveda Medical Council

BY SARATH Malalasekera

THE Court of Appeal has issued notice on Ayurveda Medical Council, Navinna, Maharagama and granted interim relief staying the Registrar, Ayurveda Medical Council (19 respondent) from associating and participating in any inquiry against the petitioner until final determination of the application.

The Bench comprised Justice K. Sripavan and Justice Sisira de Abrew.

The Petitioner W.B.A.W. Wickremasekera of Avissawella Road, Kaduwela cited Ayurveda Medical Council, Commissioner of Ayurveda, Registrar of Ayurveda Medical Council and seventeen others as respondents.

President's Counsel Mohan Peiris with Nandani Dias instructed by Wijesinghe Associate appeared for the petitioner.

The petitioner states that he is a Specialist Ayurvedic doctor, specialising in dermatology and mental disorders.

The petitioner states that generations of his family had been Ayurvedic doctors with his late grandfather, late father, paternal uncle, his children, mother, sister and brother all being Ayurvedic doctors who had/have obtained registration with the Ayurvedic Medical Council.

The petitioner states that he learnt his profession from his grand father and father and has been practising for the past 21 years. He and his family are practising and treating patients with their own prescriptions perfected over the years.

The methods of treatment and particular medications are purely within the knowledge of the petitioner's family and that the family fiercely guard their own methods of treatment and as of course do not impart such knowledge to outsiders. However, such knowledge is imparted to the members of the family.

The petitioner states that around 100 patients seek treatment from him daily as he specialised in the treatment of various rare skin ailments.

The petitioner states that the harassment and illegal, unreasonable and unfair conduct complained of in this application commenced with the 19th respondent demanding that the petitioner should give him the formula for the treatment of a particular skin ailment, which the petitioner politely refused on the basis that such treatment was purely within the knowledge of his family.

The petitioner further states that the 19th respondent, incensed with the petitioner's refusal, threatened to wipe out the petitioner and close down his (petitioner's) dispensary by the exercise of his powers as the registrar of the first respondent. He lodged a complaint against the 19th respondent at the Nawagamuwa Police station on the same day.

The petitioner states that the 19th respondent commenced his harassment and illegal conduct against the petitioner by publishing an article in the newspapers, which by innuendo, stated that the petitioner was practising medicine without registration.