Allegations against Dr. Shafi : A request

Dr. Shafi Shahabdeen charged for performing illegal sterilisation on around 4000 women is in the limelight once again because of the letter the Health Ministry Secretary wrote to the Director of Kurunagela Teaching Hospital regarding him. All print and electronic media, including social media, read the letter and reported that Dr. Shafi was reinstated with salary arrears. It means he was cleared of all charges. The news story received much praise and criticism specially on social media. Later Public Service Commission cleared the air saying that Dr. Shafi was not reinstated but was to receive his salary arrears for the period of his compulsory leave. The heading of the letter says “Reinstatement and Payment of Salary Arrears during the Period of Compulsory Leave – Dr. Shafi Sihabdeen” but nothing is said about ‘reinstatement’ in the body of the letter. Here we cannot fault the media because the heading itself says ‘reinstatement’ but the body does not say anything about it but the payment of salary arrears.  Most media have understood it as reinstatement with salary arrears and this understanding is reasonable, too. In my view, the reason for the confusion is this. It seems Dr. Shafi has made an appeal to the PSC under the heading “Reinstatement with Salary Arrears” and in the follow up  references the same heading has been used and this is the practice, too, in some offices. According to chapter XII of the Establishments Code, an officer on compulsory leave should be paid his salary. It reads as follow:20:1 “where on medical other special grounds it is considered that it is not in the public interest that an officer should continue to exercise the functions of his office, the Appointing Authority personally may place the officer on compulsory leave.”20:2 The leave will first be set off against any a available leave, and any leave thereafter will be on full pay.In the letter sent to the Director of Kurunagela Teaching Hospital, the Secretary of Health Ministry draws his attention to the Establishments Code and directs him to take action to pay the salary arrears of Dr. Shafi during his period of compulsory leave, and he has also sought explanation from the Director as to why Dr. Shafi  has not been paid so far.

To reinstate him, the Court has to clear him of all the allegations levelled against him. Though he was initially charged for performing illegal sterilisation on women by twisting or clamping their fallopian tube, two more allegations – illegal amassing of wealth and link with terrorist organisation were added after his arrest.  The CID told Kurunagela Magistrate’s Court in June 2019 that in the investigations carried out by them thus far there was no evidence to prove the allegations against Dr. Shafi.

Meanwhile Ven. Athuraliya Ratna Thera in a press conference has severely criticised the Magistrate Court, CID and the Health Ministry Secretary for this recent development. Ven. Muruththettuwe Ananada Thera, Chancellor of Colombo University, too, has warned that the reinstatement of Dr. Shafi will lead to racial disharmony. Athuraliya Ratna Thera said he didn’t know anything about vanda kottu (infertility kottu) but he was serious about vantha sethkam (infertility surgery) and he described it as a genocide. Meanwhile former President Maithiripala Sirisena had pointed the finger at a leading politician of the area where the vanda kottu incident happened as the instigator of the incident.  On social media, allegations are piling up against another politician for vanda brasserie (infertility brasserie) and vanda junki (infertility underpants) incidents.

In my view, the hard eye witness evidence available in Dr. Shafi case is the medical staff who worked along with him when he was performing these alleged illegal surgeries.  According to CID Director Shani Abeyasekera, CID  probed 74 nurses, 41 doctors and seven specialists who had worked along with Dr. Shafi,  but none of them gave any clue that he had perfomed these alleged illegal surgeries.  Hard medical evidence available in this case is the HSG test which is relatively safe and only five minutes long. None of the mothers affected is coming forward for this test.

Therefore, my earnest request to Ven. Athuraliya Ratna Thera, Ven. Muruththettuwe Ananada Thera and others who think justice is not being done to persuade at least four mothers out of 4000 mothers affected in Dr. Shafi case to come forward for most reliable HSG test without threatening racial disharmony.

M. A. Kaleel