Court directs SLA Vanni commander to admit IDP girl to hospital

[TamilNet, Tuesday, 21 July 2009, 09:16 GMT]
The Supreme Court Monday directed the Commander of the Sri Lanka armed Forces Headquarters, Vanni to take steps to admit the 13-year-old child Sopika Surendranathan immediately to Anuradhapura General Hospital for medical treatment. The Bench comprising Justices Shiranee A. Bandaranaike, Saleem Marsuf and Jagath Balapatebendi made this order, subsequent to the submissions made by the Counsel for Sopika who is presently housed in the IDP camp.

Counsel Saliya Peiris instructed by Gowri Shangary Thavarasa in his submission informed Court that the child had not received any medical treatment and according to his instruction, the child had suffered through injury. The petition was listed for support on August 6.

The Supreme Court on July 10 directed the Medical Superintendent of Anuradhapura to produce the child Sopika before an appropriate medical practitioner for examination and report Senior State Counsel. Riyaz Hamza appearing for Respondents informed Court that the Consultant JMO had examined the child and the detailed report would be submitted in due course.

Following an earlier direction of the Supreme Court on June 24, the 13-year-old child Sopika Surendranathan who had been housed in Internally Displaced Persons (IDPs) camp was presented to the Vavuniyaa Government Hospital by the Town Commander, Vavuniyaa on June 28 for medical examination.

Consequent to the Fundamental Rights application, the child Sopika who had been housed in Internally Displaced Persons (IDPs) camp in Kodikaamam in Jaffna district had already been united with her parents who were being interned in the IDPs Camp in Vavuniyaa.

Counsel Saliya Peiris had also pleaded the Court that as the said family have relatives in Vavuniyaa and a house to stay in, they should be allowed to leave the camp and stay with their relatives even on any conditions such as signing at police station in Vavuniya.

The FR petition has been filed by Attorney-at-Law Gowri Shangary Thavarasa herself on behalf of five Internally Displaced Persons (IDPs) of the same family comprising of Manikkarajah Sivapakiam and Sopika Surendranathan were being held at Kodikaamam IDP camp and Jeyarani Surendranathan, Ponnusamy Surendranathan and Nesana Surendranathan being held at Vavuniya IDP camp.

The Fundamental Rights violation matter was instituted on the instruction of Attorney-at-Law by Ms. Annapakiyam Sithamparapillai who is a relative of the said IDPs.

Pattanchipuliyankulam Grama Niladhari, Vavuniya Divisional Secretary, Vavuniyaa Government Agent/District Secretary, Mrs. Charles, Vavuniyaa Saivaparagasa Welfare Centre Grama Niladhari, Wanni Army Commander, Commander (IDP Coordinator in Vavuniyaa, Chavakachcheri Divisional Secretary, Jaffna Government Agent/District Secretary, Jaffna Army Commander, IGP and the Attorney General were cited as respondents.

Kathirkamu Manikkarajah was a kidney patient who was permitted by the security forces to leave Puthumaaththa’lan with the aid of the ICRC by sea and he was taken to the Cheddiku’lam Camp.

Sivapakiam and her two grandchildren Sopika and Kishore were in a bunker at Puthumaaththa’lan on April 9, 2009, where there was heavy mortar shelling and all three had sustained injuries.