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TISL files FR case regarding controversial medical supplies procurement through Indian Credit Line
Transparency International Sri Lanka (TISL) on Thursday filed a fundamental rights petition (SC/FR 65/2023) in the Supreme Court naming 47 Respondents, in relation to the steps taken by the Cabinet of Ministers, the Minister of Health, the Ministry of Health, and the National Medicines Regulatory Authority (NMRA) to procure medical supplies from two Indian private companies.
TISL says this case is filed in the public interest and challenges the role of the cabinet of ministers in procuring medical supplies through unregistered private suppliers, the role of the NMRA in providing a Waiver of Registration to procure medical supplies from unregistered suppliers, non-compliance with procurement guidelines including the emergency procurement process and abuse of process by the Minister of Health and the Chief Executive Officer of the NMRA.
In the petition, TISL has also alleged that the citizens’ fundamental right to equality and the right of access to information have been violated, along with serious disregard for the health, safety and well-being of the people and in total abuse of public trust and public funds. TISL further seeks further information on these transactions.
The petition seeks interim orders against the procurement based on this unsolicited proposal and the placing of any orders, approvals for Waiver of Registration of 38 drugs, importation of said drugs into Sri Lanka and making payment for such drugs.
The Commission to Investigate Allegations of Bribery or Corruption, the Director-General of Customs, the Inspector-General of Police, Savorite Pharmaceuticals (Pvt) Limited, Kausikh Therapeutics Pvt Limited and the Attorney-General have also been named as respondents in the petition.
The Petitioners state that the Ministry of Health has sought a Waiver of Registration [hereinafter sometimes ‘WoR’] from the NMRA, presumably under and in terms of Section 109 of the National Medicines Regulatory Authority Act, No. 5 of 2015, to import medicinal supplies from one or both the said Private Entities, a procedure which is reserved to be invoked under specific and exceptional circumstances at the discretion of the NMRA. Very significantly, ex facie, the mandatory conditions precedent that would justify such a waiver, are singularly absent in the instant case.
The Petitioners state that the conduct of the Minister of Health reeks of bias, procedural irregularity, preference and/or partiality towards a single supplier, absence of integrity and total disregard for the need to provide fair, equal and maximum opportunity for eligible interested parties to participate in procurement, while ensuring transparency, and consistency in evaluation and selection procedure. 46. The conduct of the Minister of Health ex facie demonstrates that the decision to obtain medical supplies from KTL was made, and that the ex post facto formalities sought to be followed, are farcical attempts to bring some semblance of legitimacy to an utterly irregular and/or wrongful and/or unlawful process.
The petitioners state that it is manifest that the Minister of Health has taken a keen personal interest in KTL, and has proceeded to act with unrestrained bias in proposing the name of KTL, a hitherto blacklisted, unregistered supplier to procure medical supplies to Sri Lanka, notwithstanding the serious ramifications on the health, safety and well-being of the general public which consumes such supplies.
He was examining security officer’s new weapon while waiting for his wife to join him on a morning walk
Friday’s shock death of former IGP Chandana Wickramaratne due to gunshot injuries on his chest was possibly due to an accidental discharge of his personal security officer’s (PSO’s) pistol. Wickramaratne, who was kitted for his walk and waiting on the verandah for his wife to join him, was examining the PSO’s new weapon, knowledgeable sources said.
These sources said the wife who was putting on her shoes inside the house heard a bang and found Wickramaratne fallen on the verandah.
The retired IGP had noticed the security officer carrying a new weapon and had asked to examine it. Saying he carried a similar weapon years ago, he found no magazine and said, “are you planning to accompany me on my walk with a pistol without a magazine?”
The PSO had then handed the loaded magazine and gone into the house to fetch a requested bottle of water when the weapon had gone off.
The sources said that Wickramaratne was in no way depressed and had attended an Ananda College old boy’s event a few days ago, had dinner with friends and chatted with them. He had an appointment to meet a friend on Saturday.
Friends and family saw no reason for Wickramaratne to take his own life and there was no evidence whatever of an external agent shooting him. The former IGP was pronounced dead at the Colombo East Teaching Hospital to which he was rushed.
Police said investigations were proceeding and an autopsy report was awaited.
Wickramaratne was appointed the 35th Inspector General on November 25, 2020 and retired three years later in 2023. He had also set a record as the longest serving acting IGP since his naming to that position in May 2019 after his predecessor Pujith Jayasundara was sent on compulsory leave.
He joined as a trainee Assistant Superintendent in June 1986 after graduating from the Colombo University. He was absorbed to the National Intelligence Bureau where he worked till 1995. Thereafter he reverted to the uniform service and had been posted across the country, including the northern and eastern areas at the height of the war.
Former Colombo Mayor Rosy Senanayake appeared before the Presidential Commission of Inquiry appointed to investigate allegations of corruption and fraud at the Colombo Municipal Council (CMC) on Friday (17).
Speaking to the media after appearing before the commission, Senanayake said she had been summoned to provide information regarding a food voucher programme implemented during her tenure as Mayor amid the COVID-19 pandemic and the economic crisis.
She said the programme, carried out through state-owned Lanka Sathosa, was introduced to provide assistance to low-income and vulnerable families affected by the economic hardships during the period.
“We gave food vouchers from Sathosa to the poor during the pandemic and economic crisis.
They wanted answers to some questions they had regarding the programme,” Senanayake said.The Presidential Commission is currently investigating allegations relating to financial irregularities, corruption and other misconduct within the Colombo Municipal Council.
A police constable has been suspended from service following an inquiry into allegations that he sat on the lap of a female police constable while under the influence of alcohol at the Makalugaswewa Police Station.
Police said the constable had reported for duty at a musical concert held at the Dambulla Gam Udawa Stadium on July 15 and later returned to the police station to resume duties.
According to initial reports, the constable allegedly sat on the female officer’s lap after seeing her seated on a chair at the station.
The female police constable subsequently lodged a complaint with the Assistant Superintendent of Police (ASP) in charge of the area through the Officer-in-Charge (OIC) of the police station.
A preliminary investigation into the incident found that the constable had allegedly been under the influence of alcohol at the time of the incident.
Following the inquiry into the alleged harassment of the female officer and the constable’s conduct while on duty, police authorities took steps to suspend his service pending further action.
by Norman Palihawadane ✍️
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