Nurse Wins Fundamental Rights Case Against Surgeon for Assault

 

In a landmark judgment delivered today, the Supreme Court ruled in favor of Madhavi Buddhika Rajaguru, a nurse who filed a case against Ashoka Wijemanne, a consultant surgeon, for assaulting her with a bone cutter at Kurunegala General Hospital. The court held that Wijemanne had violated Rajaguru’s fundamental right to be free from cruel, inhuman, and degrading treatment.

As a result, Wijemanne has been ordered to pay Rs. 50,000 in compensation to Rajaguru. Additionally, the State has been directed to pay her Rs. 10,000 within the next three months.

The judgment was delivered by Justice Achala Wengappuli, with Justice Vijith K. Malagoda concurring. However, Justice E. A. G. R. Amarasekara dissented.

Rajaguru was represented by Ms. Ermiza Tegal and Shalomi Daniel, instructed by Wasana Wickramasekara. The surgeon, Dr. Ashoka Wijemanne, was represented by Eraj De Silva, Manjuka Fernandopulle, and Janagen Sundramoorthy, instructed by Dimuthu Kuruppuarachchi. State Counsel Ms. Induni Punchihewa represented the State.

Refer  👇

FR Judgement of Madhavi Budhdhika Rajaguru

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