In a landmark judgment delivered today, the Supreme Court has ruled in favor of Madhavi Buddhika Rajaguru, a nurse who filed a Fundamental Rights Application against Consultant Surgeon Ashoka Wijemanne. The case involved an incident where Wijemanne assaulted Rajaguru on her head with a bone cutter at the Kurunegala General Hospital.
The court held that Ashoka Wijemanne violated Ms. Rajaguru’s fundamental right to be free from cruel, inhuman, and degrading treatment. As a result, Wijemanne has been ordered to pay compensation of Rs. 50,000.00 to Ms. Rajaguru. Additionally, the State has been directed to pay her Rs. 10,000.00 within a period of three months.
The judgment was delivered by Justice Achala Wengappuli, with Justice Vijith K. Malagoda P.C. concurring. Justice E. A. G. R. Amarasekara dissented.
The legal intervention was undertaken by the Right To Life Human Rights Centre. The petitioner, Ms. Rajaguru, was represented by Ms. Ermiza Tegal with Shalomi Daniel, under the instructions of Wasana Wickramasekara. The first respondent, Dr. Ashoka Wijemmane, was represented by Eraj De Silva, Manjuka Fernandopulle, and Janagen Sundramoorthy, instructed by Dimuthu Kuruppuarachchi. The State was represented by State Counsel Ms. Induni Punchihewa.
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FR Judgement of Madhavi Budhdhika Rajaguru