• Medico’s to seek an extension for SLMC suspension
• Was the suspended JMO reinstated after an appeal ?

Despite the Ministry of Health (MoH) launching an inquiry into how a Judicial Medical Officer (JOM) suspended by the Sri Lanka Medical Council (SLMC) continued to hold office, the Public Services Commission (PSC) is yet to hear back from the Ministry regarding its action taken, the suspension and the alleged shortcomings in by the said JOM, The Daily Morning learns.

It is learnt that the PSC has inquired from the Ministry of Health regarding action that has been taken against JMO, Dr. M.N. Ruhul Haq, who continues to hold office despite an eight-month suspension imposed on him by the SLMC last December. Haq has been linked to two postmortems which are now marred in controversy, with allegations of negligence and misconduct directed at him. The Daily Morning reported on the matter exclusively, last week.  

While the suspension is to come to an end on 20 August 2023, Haq was found to have been practising as a JMO and performed the post-mortems of businessman Dinesh Schaffter, and Hamdi Faslin who died on 28 July while receiving treatment in the Intensive Care Unit of the Lady Ridgeway Hospital for Children (LRH) due to an infection following a kidney surgery. Both deaths are shrouded in controversy and their postmortems have drawn criticism.

Following the revelation of a JMO continuing to practise after a suspension, several concerned parties have questioned how Haq continues to hold office. Against this backdrop, the Director General of Health Services (DGHS) Dr. Asela Gunawardena said during a media briefing held last weekend that the PSC had been informed of the matter, and that the MOH was awaiting its response to decide on disciplinary action that should be taken against Haq.

However, sources that are linked to the MoH told The Daily Morning that Dr. Gunawardena has, by way of a letter dated 02 January 2023, informed the respective authority of the suspension imposed on Haq by SLMC, and has copied the letter to the PSC. "In fact, it is not the DGHS, but the MoH Secretary who should inform the PSC of this matter. Copying a letter that was sent to some other authority to PSC is not what should be done,” a senior official said in terms of anonymity.

Health sector sources claimed that as there is a history of allegations against Haq, the PSC's Health Service Committee has, in May 2023, sent a letter to MoH Secretary Janaka Sri Chandraguptha regarding the matter. "The PSC has inquired from him as to what action has been taken against this person, but they have not received any response from the Ministry," the sources said, charging that the MoH was aware, or was at least informed of the suspension.

However, Chandraguptha, when contacted by The Daily Morning, denied receiving such a letter. "I do not recall receiving such a letter. Had I received it, I would have immediately acted on it. I have instructed the relevant departments to look into this matter and report their findings," he stressed.

Attempts to contact Haq regarding the allegations and how he came to continue practising despite an active suspension, failed. However, reports indicated that he had told the media that he had been reinstated after he appealed to the MOH  against the SLMC’s suspension. Last week, Minister of Health Keheliya Rambuwkella told The Daily Morning that, although there had been an appeal, permission had not been granted for him (Haq) to resume duties.

Meanwhile, The Daily Morning also learns that several concerned parties within the medical fraternity are planning to submit affidavits to SLMC, urging an extension of the suspension imposed on Haq, which will come to an end later this month.

The "Recent Orders of Suspensions" section of the SLMC's official website reads: "Inquiry into the complaint made by S.A. Rathnasena against Dr. M.N. Ruhul Haq (SLMC Registration 15168) / The Professional Conduct Committee has decided that commencing from 20 December 2022, Haq should be imposed a suspension for a period of eight months from exercising his rights, privileges and immunities conferred upon him by registration as a medical practitioner in terms of the provisions of the Disciplinary Regulations published in the Extraordinary Gazette Notification No. 757/7 dated 10 March 1993, and the Medical Ordinance, No. 26 of 1927 as amended."

Allegations of preparing postmortem reports with contradictory findings with regard to the deaths of Schaffter and Faslin have been levelled against Haq. Colombo Additional Magistrate Rajindra Jayasuriya had even ordered Borella Police not to continue with the investigations regarding Faslin's death based solely on his (Haq) reports as contradictions and obscurities in his reports had been confirmed during previous court proceedings.