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Tender awarded even before Cabinet decision

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Procurement of fake Immunoglobulin:

Ex-State Minister says this particular medicine cannot be produced here

By Shamindra Ferdinando

Samagi Jana Balawegaya (SJB) parliamentarian Kavinda Jayawardana yesterday (20) said that the Wickremesinghe-Rajapaksa government fiercely protected those who had been responsible for a spate of corrupt deals at the Health Ministry.

The recent arrest of former Health Secretary Janaka Sri Chandragupta over the procurement of fake Immunoglobulin by the Ministry was just one of many corrupt deals, the Gampaha District lawmaker told The Island.

The Parliament on 08 Sept., 2023 defeated a no-confidence motion moved against Health Minister Keheliya Rambukwella, thereby allowing the sordid operations to continue, he said.

“The SLPP saved Minister Rambukwella,” Jayawardana said, adding that 113 MPs who voted against the no-faith motion and 38 absentees at the time of the voting, following a three-day debate, owed the country an esplanation.

MP Jayawardana emphasised that the arrested Health Secretary had been the Chief Accounting Officer of that particular Ministry and also functioned as the head of the Health Sector Emergency Procurement Committee (HSEPC).

At the time of his arrest, Chandragupta, a Special Grade Officer in the Sri Lanka Administrative Service, was on retirement. Chandragupta received the appointment as Health Secretary on May 24, 2022 close on the heels of Premier Mahinda Rajapaksa’s resignation.

Former Director General of Health Services and one time additional Secretary, Dr. Palitha Maheepala was brought in November this year as Chandragupta’s successor.

Responding to another query, MP Jayawardena said that about a week before the Parliament voted on the no-confidence motion against Minister Rambukwella, he along with Gampaha District colleague Harshana Rajakaruna filed a fundamental rights petition targeting the Minister concerned and several senior officials, including Chairman NMRA (National Medicine Regulatory Authority) and DGHS (Director General of Health Services).

Health sector sources said that the Criminal Investigation Department (CID) arrested Director, Medical Supplies Division Dr. Kapila Wickremenayake, Assistant Director Devashantha Soloman, Accountant (Supplies) Neran Dhananjaya and the Stock Controller of the Medical Supplies Division Sujith Kumara in connection with the high profile scam on Nov 20, the day Chandragupta retired, having reached the mandatory retirement age of 60 years.

About a week after their arrest the CID recorded a statement from Finance Secretary Mahinda Siriwardana in connection with the ongoing investigation. Chandragupta was taken into custody about three weeks later.

Arrested on Dec 18, Chandragupta was remanded till Dec 17 by Maligakanda Magistrate Lochana Abeywickrema pending further investigations.

Former State Health Minister Prof. Channa Jayasumana told The Island that some authorities, including police and a section of the media erroneously claimed that the ongoing investigation centered on the import of substandard Immunoglobulin vials.

The CID arrested Aruna Deepthi, the 57-year-old proprietor of Isolez Biotech Pharma on Oct 31 for supplying fake Immunoglobulin vials.

Prof. Jayasumana emphasized that Sri Lanka lacked the knowhow and the technology to produce Immunoglobulin vials under any circumstances. But, the government had accepted Isolez Biotech Pharma as a local producer capable of producing the Immunoglobulin vials thereby abusing the Indian credit line that was meant to import a range of items from India, including medicine.

Some concerned parties, including Ravi Kumudesh, President, College of Medical Laboratory Science, Dr. Rukshan Bellana, President, Government Medical Officers’ Forum and Dr. Chamal Sanjeewa, President of the Medical and Civil Rights Professional Association took up health sector corruption.

Prof. Jayasumana said that the Immunoglobulin controversy had caused irreparable damage to the country’s image. “Whatever the problems, our health service was considered in line with Western standards,” Prof. Jayasumana said, urging the government to punish those responsible, regardless of their standing in society.

The Immunoglobulin issue came to light following reports of allergic reactions after the drug was administered to several patients being treated at the Colombo National Hospital and the Matale District Hospital on August 22 and September 16, respectively. Academy of Health Professionals on November 05 alleged that blood required for the production of the fake Immunoglobulin vials had been obtained from the National Blood Transfusion Service (NBTS).

Deputy Solicitor General Lakmini Girihagama appearing with Senior State Counsel Heshani Wijesinghe making submissions earlier on the progress of the CID investigations has told Maligakanda Magistrate Court that prior to the Cabinet decision taken in October 2022, tenders had been called in September 2022 and the 1st suspect Aruna Deepthi had been selected as the successful tenderer for Human Immunoglobulin and Rituximab.

She said according to the Ministry Chief Accountant Savidra Cooray the 1st suspect’s company Isolez Biotech Pharma had requested for payments for Rituximab supplied and the Secretary Health Chandragupta had approved the payment of Rs 107,799,481/= in three payments to the 1st suspect, directing it to be paid on a priority basis.

However, the CID arrested Director, Medical Supplies Division Dr. Kapila Wickremenayake, who hadn’t been even attached to the unit at the time, but away in the UK from January to Dec 2022, in connection with the inquiry.

Dr. Bellana said that one of those doctors directly involved in the corrupt procurement process had fled the country. That doctor served as an Additional Secretary in charge of emergency procurement who wielded power as he happened to be a brother of a sitting ruling party MP, Dr. Bellana said. The trade union activist stressed that he didn’t imply the involvement of the MP whatsoever in the scam, but pointed out the need to conduct a no holds barred investigation.

The Additional Secretary had been also under investigation and the matter was also brought to the notice of the Maligakanda court, Dr. Bellana said, urging the government not to play politics with this issue.

Maligakanda Magistrate on Monday (18) ordered the office of Additional Secretary to the Health Ministry Dr. Saman Ratnayake sealed. Dr. Bellana said that the Doctor who fled the country had been an aide to Dr. Ratnayake, who held several other posts.

Dr. Bellana said that Minister Rambukwella couldn’t wash his hands of the developing situation as he, through a Cabinet paper, created the post of Additional Secretary, Emergency procurement to accommodate Dr. Ratnayake.



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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