Supreme Court orders CID, Bribery Commission to investigate controversial Medical Supplies Import

by Lakmal Sooriyagoda 

The Supreme Court yesterday issued an interim order directing the CID to conduct a comprehensive investigation into whether there is any aspect of criminal liability in connection with the controversial import of medical supplies, including human immunoglobulin (Human-IG).

The Supreme Court three-judge-bench comprising Justices S. Thurairaja, Yasantha Kodagoda and Mahinda Samayawardena made this order pursuant to a Fundamental Rights petition filed by Transparency International Sri Lanka.

The Court further directed the Bribery Commission to conduct an investigation to ascertain whether there was any act of bribery or corruption in connection with this incident.

The Court further issued an interim order directing authorities that no payment for any of these medical procurements should be made without a waiver of registration, until it is approved by the Auditor General and the Attorney General.

The petitioners, the Transparency International and its Chairman Pulasthi Hewamanna are challenging the wrongful procedure by the 
Respondents including cabinet of Ministers of the former regime to procure medical supplies from private entities, and the avoidance and
failure to comply with the law and guidelines or procedures applicable to the procurement and importation of medical supplies from pharmaceutical suppliers in the private sector. 
Meanwhile, Supreme Court granted leave to proceed with this petition for violating Fundamental Rights of the petitioners.

Senior Counsel Senany Dayaratne with Lasanthika Hettirachchi and Nishadi Wickramasinghe appeared for Transparency International Sri Lanka.

The Petitioners alleged that the respondents have sought to circumvent the law, regulations, guidelines and procedures for the procurement and importation of medical supplies on an unsolicited basis from manufacturers who have not been registered with the NMRA, entailing disastrous consequences for patients relying on medical supplies imported thus.

The petitioners stated that the former Minister of Health Keheliya Rambukwella has misled and sought the approval of the Cabinet of Ministers to utilize the Indian Credit Line (ICL) and other unspecified means of funding to ostensibly maintain an uninterrupted supply of medicine, with the view to prevent acute shortages in medical supplies in government health institutions in Sri Lanka.

In doing so, the former Minister of Health, along with other Respondents, have caused severe detriment to the general public, who have suffered complications, and in some instances succumbed to such complications, requiring immediate review of the waivers of registration issued by the NMRA.