A legal challenge has been filed against Jaffna District Parliamentarian Dr Ramanathan Archchuna, questioning his eligibility to remain in office on the grounds that he continues to hold the status of a public officer - an allegation that, if proven, could result in his disqualification from Parliament.
The writ petition currently before the Court of Appeal claims that Dr Archchuna’s continued employment as a public officer contravenes Articles 91(1)(d) and 91(1)(e) of the Constitution, which bar such individuals from holding parliamentary office. The petitioner, Oshala Herath, is seeking an interim order preventing Dr Archchuna from performing his duties as an MP until a final decision is reached.
However, this legal action has drawn criticism over its apparent inconsistency, particularly when viewed against the backdrop of other medical professionals who have served as parliamentarians without facing similar judicial scrutiny.
Notable examples include Dr Seetha Arambepola, a practicing ENT surgeon who has served as both a National List MP and Governor of the Western Province while continuing her private medical practice; Dr Thilak Rajapaksa, who maintained roles at Ambagahawella Regional Hospital and the Ampara Health Officer’s Office after entering Parliament in 2020; and Dr Ramesh Pathirana, officially listed as a “Medical Practitioner” on the Sri Lankan Parliament website, who is widely recognised to have remained active in the medical profession while holding senior political office.
Despite these precedents, Additional Solicitor General Sumathi Dharmawardhana PC, representing the state, informed the Court of Appeal this week that Dr Archchuna still holds office as a public officer, describing it as a constitutional violation and a breach of the separation of powers. The Attorney General’s department had earlier submitted that Archchuna had been interdicted from public service due to a pending disciplinary inquiry.
Counsel N.K. Ashokbharan, representing petitioner Oshala Herath, reiterated that Dr Archchuna remains a public officer and therefore is disqualified under Articles 91(1)(d) and 91(1)(e) of the Constitution. The counsel also contended that Dr Archchuna's seat has effectively become vacant under Article 66(e), urging the court to issue interim relief barring him from acting in his capacity as an MP until a final ruling is made.
The petitioner argued that Dr Archchuna, formerly the Medical Superintendent of Chavakachcheri Base Hospital and later affiliated with the Teaching Hospital of Peradeniya, remains contractually bound to the state. A public Facebook post from Dr Archchuna in September 2024 confirmed he had been interdicted pending disciplinary action.
The matter is being heard by a Court of Appeal bench comprising Justice Mayadunne Corea and Justice Mahen Gopallawa, with further hearings scheduled for July 2.
Meanwhile, on June 30, the Tamil lawmaker addressed Parliament, stating he is prepared to disclose full details of 323 containers recently released under scrutiny including their contents, origins, and destinations provided he receives a formal assurance that he will not face politically motivated legal action or be removed from his parliamentary seat.
He warned that absent such protection, he would take the information abroad and reveal it via international platforms. Dr Archchuna, emphasized that while he does not fear physical harm, he remains concerned about legal harassment and the misuse of judicial processes to suppress dissent. He alleged that efforts are ongoing to silence him through fabricated charges and politically influenced court proceedings.