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TISL files FR petition over human immunoglobulin and other controversial medical supplies

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Transparency International Sri Lanka (TISL) filed a Fundamental Rights Application (SCFR/ 99/2024) at the Supreme Court on 16 April 16, highlighting the serious ramifications on the health sector and the general public from the recent controversial procurement of medical supplies including human immunoglobulin (Human-IG).

The Cabinet of Ministers, the incumbent and former higher officials in the health sector, former Health Minister Keheliya Rambukwella, the companies involved in the controversial supplies of Human-IG, Treasury Secretary, Auditor General, Director General of Customs, Inspector General of Police, Members and Director General of CIABOC and the Attorney General are among the 66 Respondents named in the Petition.

The FR application has been filed in the public interest, with the aim of seeking accountability for the misuse of public resources and the violation of fundamental rights of citizens.

The Petition requests the Court to declare that the purported decision of the Cabinet of Ministers and the health authorities to procure medical supplies from Isolez Biotech Pharma AG (Pvt) Ltd, Livealth BioPharma (Pvt) Ltd, Yaden International (Pvt) Ltd, Nandani Medical Laboratories (Pvt) Ltd, Divine Laboratories (Pvt) Ltd, Gulfic Biosciences Limited, Novachem Lanka (Pvt) Ltd and Slim Pharmaceuticals (Pvt) Ltd is wrongful, illegal, unlawful, null and void, and of no force or avail in law.

Arguing that the actions or inactions of the Respondents amount to an infringement of the fundamental rights guaranteed under the Constitution, the Petitioners seek the intervention of the Court to review the issuance of Waivers of Registration in procuring medical supplies, and direct the Respondents to comply with the procedural safeguards imposed by law, regulations and rules to ensure transparency in procurement.

“It is evident that the alleged ‘emergency’ which prevailed in the healthcare sector was largely owing to mismanagement, giving rise to concerns as to whether such gross mismanagement is indicative of the machinations of individuals holding office in inter alia the Ministry of Health, who orchestrated the said emergency for ulterior motives,” the Petition states.

This Petition is filed in addition to TISL’s ongoing Petition (SCFR/65/2023), which was filed in February 2023, in view of the glaring malpractices and disregard for compliance with law when importing pharmaceuticals under the Indian Credit Line.

TISL, in its latest FR Application, requests the Court to direct the Auditor General to conduct a special inquiry into the decision to procure medical supplies from medical suppliers to whom Waivers of Registration had been issued, and compute the cost incurred by procuring medical supplies through them.

In addition, it requests the Court to direct the Attorney General (AG) to commence prosecution of persons identified to have obtained financial or other benefits through the procurement of medical supplies through the use of Waivers of Registration. It further requests the Court to direct the AG to recover the costs incurred to the State or the public, and seek compensation from the relevant parties mentioned in the Petition.



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Coal scam has become litmus test for NPP: FSP

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The scam involving the import of substandard coal has become the litmus test for the NPP Government, says the Frontline Socialist Party.The substandard coal scam has become the litmus test for the NPP government’s integrity and transparency, Frontline Socialist Party (FSP) Education Secretary Pubudu Jayagoda said on Thursday, alleging serious irregularities and contradictions in the government’s handling of coal procurement for the Lakvijaya Power Plant.

Addressing the media in Colombo, Jayagoda strongly rejected recent statements made by Tilvin Silva, General Secretary of the JVP, during an interview with a state television channel on the ongoing coal tender controversy. He said several of Silva’s claims were factually incorrect and echoed earlier statements made by the Minister of Power and Energy that had already been abandoned after being proven false.

“There are serious inaccuracies in the views expressed by Tilvin Silva. Some of these false points were first raised by the Power Minister a week or two ago, but he stopped repeating them once we produced documentary evidence,” Jayagoda said, adding that the JVP General Secretary appeared to be “not up to date with the facts.”

Jayagoda rejected claims that coal had previously been purchased without calling for tenders from a politician’s company at inflated prices. He said that since the Lakvijaya Power Plant commenced operations in 2008, tenders had been called annually and contracts awarded to the lowest bidder.

He also dismissed assertions that no tenders were called in 2023. “The Power Minister initially made this claim, too, but stopped after we presented the tender advertisements,” Jayagoda said. He questioned contradictory statements made by government representatives, pointing out that while Silva claimed no tender was called in 2023, references to 2023 tender specifications had been publicly cited by Deputy Minister Kumara Jayakody.

“If no tender was called in 2023, how were tender specifications published that year?” Jayagoda asked, describing the claims as mutually contradictory.

According to Jayagoda, tenders were, indeed, called in 2023 and the contract was awarded to Coral Energy. When that company failed to supply coal on time, the supply responsibility was transferred to Black Sand. He further rejected claims that no tenders were called in 2024, explaining that during the bidding process a company named Potentia had offered a lower price than the initial lowest bidder.

“Based on approvals from the Technical Evaluation Committee, the Procurement Committee, the Cabinet, and finally the Attorney General, coal was purchased from the lowest bidder,” he said, adding that any doubts regarding the legality of the process could be investigated through proper legal channels.

However, Jayagoda stressed that the controversy was not merely about whether tenders were called, but about how the process was manipulated. He listed several concerns raised by the FSP from the outset, including a four-month delay in calling for tenders, changes to tender specifications, and the tender period being reduced by half.

“Urgency was cited as the justification for these changes, yet there was a six-week delay in awarding the tender. That clearly shows there was no real urgency,” he said.

Jayagoda also alleged that laboratory reports were concealed when substandard coal shipments were imported, in order to protect the supplying company. He said that despite a contractual clause requiring the tender to be cancelled if two shipments failed quality standards, the government continued with the order. He further accused the authorities of violating the agreement by approving emergency purchases in a way that benefited the supplier.

“The entire process is suspicious,” Jayagoda said. “A Minister will not resign unless they admit to fraud. But it is the responsibility of the President and the government to conduct an independent investigation, determine whether fraud has occurred, and remove the Minister if wrongdoing is established.”

He concluded by reiterating that the coal tender controversy would serve as a decisive test of the government’s commitment to accountability. “This is the litmus test for the integrity and transparency of the government,” Jayagoda said.

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INS Gharial delivers 10 Bailey Bridges to Lanka

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INS Gharial delivering Bailey Bridges to Colombo Port on Thursday

A consignment of 10 Bailey Bridges arrived in Colombo from Visakhapatnam aboard the Indian Navy ship INS Gharial and was formally handed over at a ceremony held on 05 February.The bridges were handed over by the Acting High Commissioner of India to Sri Lanka, Dr. Satyanjal Pandey, to Deputy Minister of Ports and Civil Aviation, Janitha Ruwan Kodithuwakku.

The additional Bailey Bridges have been provided under India’s grant assistance of USD 5 million for post-Cyclone Ditwah reconstruction, aimed at strengthening critical connectivity infrastructure in affected areas. Another consignment, carrying the remaining bridge components, is expected to arrive shortly.

The supply of Bailey Bridges forms part of India’s comprehensive USD 450 million Reconstruction and Rehabilitation Package announced by India’s External Affairs Minister, Dr. S. Jaishankar, during his visit to Sri Lanka, following Cyclone Ditwah.

The newly supplied bridges are to be installed at various locations across the country. Technical assessments for installation are being carried out by Indian Army engineers, in close coordination with the Sri Lankan Army and the Road Development Authority (RDA).

India has previously supplied four Bailey Bridges to Sri Lanka, two of which were installed in the Kilinochchi District and two along the Kandy–Ragala Road. These bridges have played a key role in restoring connectivity in difficult and hilly terrain, improving access for local communities and facilitating the resumption of essential services, livelihoods, and economic activity.

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Anusha Palpita further remanded until 20 Feb.

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Former Secretary to the Ministry of Mass Media and former Chairman of the Telecommunications Regulatory Commission of Sri Lanka (TRCSL), Anusha Palpita, was further remanded until 20 February by the Colombo Chief Magistrate’s Court.

The Court issued this order after considering the facts presented by the Bribery Commission and the attorneys representing the suspect.

Palpita was taken into custody and subsequently produced before the court on 23 January in connection with an investigation conducted, based on information received by the Bribery

Commission regarding the failure to disclose the source of assets amounting to Rs. 46 million, the Commission stated.

According to the Bribery Commission, Anusha Palpita arrived at the Commission on 23 January 23 was taken into custody after recording his initial statement.

The arrest was made on the charge of accumulating significant assets and property, exceeding his income, during a specific period, following an investigation into assets gathered beyond his legal earnings, within that time frame.

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