A medical report dated the 30th of August 2021 and addressed to ‘Whom it may concern’ signed by Dr. Sarath Paranavitane was submitted by the former Sri Lankan Airlines Regional Manager to India Lalith De Silva‘s Lawyer, when his sentencing was brought up in the New Delhi Metropolitan Magistrate, Patiala Court House, New Delhi yesterday.
Dr. Sarath Paranavitane
Lalith De Silva has been avoiding travelling to India since being convicted under Section 509 of the IPC by Judge S.H. Dev Saroha on the 16th of September 2020, by the Metropolitan Magistrate Court of New Delhi for insulting the modesty of one of his Indian national female staff members, during the time he was stationed as the Regional Manager of SriLankan Airlines in New Delhi India.
De Silva could be fined and jailed for upto a maximum of three years for his conviction in India.
Lalith de Silva
The violation and conviction of the Indian Penal Code 509 is defined as “whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine”.
As per court records as stated by the complainant, the incident had flared up when on the 8th of October 2009, the Regional Manager De Silva had called his Indian national female Sales Executive to his room at the SriLankan Airlines Delhi Office and had asked her “Did your husband fuck you? How was it? What shall I call you now, a prostitute, hooker or bitch?”
Earlier, De Silva’s Lawyers submitted a letter addressed by the Civil Aviation Authority of Sri Lanka stating that flights to India had been suspended upto the 31st of August 2021, due to Covid-19 travel restrictions and that their client could not be physically present for sentencing.
Yesterday was the first court date after flights to India had resumed from Sri Lanka and De Silva’s Lawyers submitted Dr. Paranavitane’s Medical Report recommending that his patient who suffers from seizures, should not make any overseas trips for 6 to 8 months, until his condition is monitored and further assessed thereafter.
Dr. Paranavitane’s Medical Report states that his patient Lalith De Silva has been under his care since January 2015 and had suffered two seizures last month on the 10th and 16th of August 2021, barely weeks before his sentencing was brought up last on the 7th of September 2021.
The Medical Report further stated De Silva has been directly under Dr. Paranavitane’s care along with Consultant Neuro-surgeon Dr. A.T. Alibhoy.
In conclusion the Medical Report of which Colombo Telegraph does have a copy, stated that ” The specific reasons for frequent, unexpected occurrences of seizure attacks is inconclusive and requires further extensive tests and continuous monitoring of Mr. De Silva’s medical condition. Based on the above, I am of the opinion that Mr.De Silva should refrain from any type of strenuous activities and should not drive or undertake any forms of overseas travel or unnecessary stressful journeys as such would aggravate his condition where he could suffer irreparable damage. This situation must be reviewed in 6 to 8 months after further clinical examination. Currently he is unfit for any overseas travel which could aggravate his medical position to irreversible status.”
The next hearing regarding this case ‘The State vs Lalith De Silva’ bearing Case No: Cr Cases/0049796/2016 is scheduled for the 24th of September 2021.
Meanwhile SriLankan Airlines, the national carrier of Sri Lanka was also convicted in a separate case for not adhering to Indian Law in implementing an Internal Complaint Committee (ICC) as per Indian Law to protect, especially female employees such as his victim from being harrassed.
The Court in New Delhi India awarded the maximum sentence and imposed Indian Rs 50,000 penalty on Sri Lanka’s national carrier SriLankan Airlines for non-compliance of this Indian law.
In this case, Lalith De Silva’s victim had sought the prosecution of the airline for non compliance of Section 4 of the ‘The Sexual Harassment of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 hereinafter called “POSH Act”, which is a punishable offence under Section 26 of the Act “POSH Act” with a fine amounting to a maximum of Rs 50,000 Indian rupees.
After taking into account the conduct of the airline the Judge imposed a maximum penalty.
This is the first such conviction that a court in India has made against any employer, be it local or foreign for violating this law. (Jacqueline Senanayake)
SJ / September 16, 2021
“A medical report dated the 30th of August 2021 and addressed to ‘Whom it may concern’ signed by Dr. Sarath Paranavitane was submitted by the former Sri Lankan Airlines Regional Manager to India Lalith De Silva‘s Lawyer, when his sentencing was brought up in the New Delhi Metropolitan Magistrate, Patiala Court House, New Delhi yesterday.”
*
This is not fair reporting.
The said report is only a medical assessment, and can be contested.
The claim that the doctor was “supporting the convict” does not give the correct impression.
It is for the court to decide on the worth of the report.
/
Captain Morgan / September 16, 2021
Patients with heart conditions, brain injuries, kidney problems, cancers and other serious ailments often go abroad for medical treatment and then return to this country without incident to recuperate. So I cannot understand why a person who occasionally has seizures should be reluctant to travel abroad. There are medications to prevent seizures so this person could go to Delhi and return if he really wanted to.
This is the way all people behave. When they are truly keen to do something they will do it somehow or the other, fighting against all odds, but when they do not want to do it they will think up all sorts of excuses!
/
RBH59 / September 16, 2021
Arrange chat feature of the Zoom meeting having the doctor Dr. Sarath Paranavitane joining the meeting.
NO overseas travel or unnecessary stressful journeys as such would aggravate his condition
/
laxman / September 16, 2021
If the Writer has an Axe to grind with Mr.De Silva we have no issue about it.However the effort in trying to bring into disrepute two eminent physicians is very much deplorable.Do not believe the writer is anyway qualified to make such insinuations on the Medical opinion,which only could be questioned by equally qualified Medical Professionals.
/
Black Lankan / September 18, 2021
Laxman, SL is never short of any kind of eminent men who can be bloody liars. For political patronage or money they will do anything and everything. See the GMOA president who will go to any extent for money or favour. Laxman just see your prison reform minister and he too is still innocent. Do you remember that balu dosthara jayasumana and other racist stooges blamed an innocebt muslim doctor of steralising sinhala buddhist women. Laxman, our paradise has gone to dogs from top to bottom and you are talking of honorable men. Go and look for them in parliament or private hospital. Is this air lanka pervert still working or retired due to his frequent but unknown seuzures. This bugger ought to be locked up for life. Luxman hope you too not an eminent retired dostharaya. More than eminence one needs honesty, intergrity and decency. If this happened in SL he would have promoted as a diplomat. Bloody disgrace.
/
Plato / September 18, 2021
Lalith de Silva has been playing hide and seek for about an year ,since his conviction.
He does not realise that an accused cannot pull the wool over the eyes of the Indian Judiciary. If this matter had come up before the Srilankan Judiciary young Lalith goes home scotfree seizure and all.
Dr.Sarath Paranavithane says……
……The specific reasons for FREQUENT UNEXPECTED OCCURENCES OF SEIZURE ATTACKS IS INCONCLUSIVE AND REQUIRES FURTHER EXTENSIVE TESTS AND MONITORING………..
Nicely doctored to keep Lalith out travelling to India until his seizures cease.
Well, we are looking at 2 or 3 decades? or until Lalith gets back to his Maker!
/
Ajay Sundara Devan / September 19, 2021
In Sri Lanka any kind of official report or document issued by anyone – from the Grama Niladhari to the President, including officials in law enforcement – can be obtained by custom order in consideration of money, friendship, kinship, political influence or sexual favour.
/
laxman / September 20, 2021
Black Lankan
I certainly do agree with you that there may be quite few in the medical profession who would not hesitate to engage in unethical practices given the price is right.Neverthess what moral right have we got to accuse the physician in question that he too has done the same without having the requiste expertise on medical issues.It certainly is a matter for the courts to decide.
BTW I am not an eminent retired “Dostaraya” as you have guessed but instead an ordinary retired citizen who always has the higest respect for Medical profession for they are the ones who will come to our help when in need rather than unseen Deity
/
Black Lankan / September 21, 2021
Thanks Lankan for your view. But my post is based on balance of probability. This infrequent seizures as claimed by this doctor obviously sounds fake. Then how was he working in India, frequently travelling by plane and doing his job all these years. He sould have been medically condemned long ago or found unfit for such job. His infrequent seizure only came into existence after this rascal was found guilty of his filthy comments and disgrace to SL and also to the airline. This bugger should be fired at once and sent to prison. Of course Laxman this kind of behaviour is nothing unusual or news to us in SL but this is done abroad and this goon ought to be punished promptly under Indian judiciary. Anyone who supports these goons to be punished. But will never happen in this divine land.
/