Rajaguru Adhikari Mudiyanselage Madhavi Buddhika Rajaguru vs. Ashoka Wijemanne, Consultant Surgeon, Kurunegala General Hospital – SC FR APPLICATION 190/2019-2024

In the case between Rajaguru Adhikari Mudiyanselage Madhavi Buddhika Rajaguru (petitioner) and Ashoka Wijemanne, Consultant Surgeon at Kurunegala General Hospital, along with other state health officials (respondents), the court addressed whether the 1st respondent’s use of a bone cutter—resulting in a laceration to the petitioner’s head—constituted a deliberate violation of fundamental rights under Article 11 of the Constitution or an accidental injury, and if such act was performed under color of executive or administrative authority to render the state liable under Article 126. The court held that the act was willful and performed in the course of official duties, establishing a violation of Article 11, and directed compensation to the petitioner, reaffirming the principle that state li