Mohammed Ibralebbe Mohammed Hakeem vs. Judicial Medical Officer, et al. – CA WRIT APPLICATION NO. 82/2021-2021
In the matter between Mohammed Ibralebbe Mohammed Hakeem (Petitioner) and the Judicial Medical Officer, Colombo South Teaching Hospital & Others (Respondents), the court addressed whether the post-mortem PCR test result indicating COVID-19 positivity for the deceased, M.H.M. Thilshad, should be quashed and whether a writ should issue to require a second PCR test and disclosure of test results and cause of death. It was held that, absent contrary medical evidence and given the absence of procedural irregularity, no legal basis existed to interfere with or mandate additional testing or disclosure. The principle reaffirmed was that courts exercise judicial restraint when reviewing decisions made by medical experts, intervening only where illegality or manifest irrationality is evident. Relian

