With the Government deciding to halt the emergency purchases of pharmaceutical drugs, the Ministry of Health stated that such purchases would be re-considered only in essential cases.Health Minister Keheliya Rambukwella had said that a decision had been taken to immediately halt the emergency purchases of pharmaceutical drugs.Commenting on the matter to The Daily Morning yesterday (2), the Health Ministry Secretary, Janaka Sri Chandraguptha said that the drugs that had to be procured under emergency purchases had already been procured. “For now, the required emergency purchases have been done. They will be re-considered in essential cases in the future.”Due to the lack of foreign exchange reserves required for the import of drugs and medical equipment in the country, severe shortages of such were created in the country over the past, thereby affecting the operations of hospitals Island-wide. In this situation, the Ministry and the other relevant authorities resorted to emergency drug purchases, and there was a lot of discussion regarding the quality and prices of the drugs purchased in that way. There were allegations that certain parties continue to make emergency purchases of drugs with the aim of earning commissions. Many parties, including trade unions within the health sector, and civil and political organisations, accused that the quality checks of the drugs procured under emergency purchases were not done properly. The allegations escalated with the patient deaths allegedly due to drug allergies in the last few months, and which reached a climax when the Opposition Parliamentary groups including the main Parliamentary Opposition, the Samagi Jana Balawegaya moved a no-confidence motion against subject Minister Rambukwella.

Emergency drug purchases: ‘Halted for now, to be considered in essential cases’: Health Secy.

The Bar Association of Sri Lanka (BASL) yesterday (2) handed over a letter to the Chief Justice (CJ), President’s Counsel (PC) Jayantha Jayasuriya requesting him to look into the resignation of Mullaitivu District Judge T. Saravanarajah.Speaking to the media after an audience with the CJ, BASL President, attorney-at-law Kaushalya Nawaratna said that it is important to launch an immediate investigation into the incident since this event will erode the people’s trust and confidence over the judicial system of this country. He also said that he strongly believes that all judicial officers must be provided with a healthy atmosphere to perform their duties independently and that it is the responsibility of the law enforcement authorities to create such an environment. “As soon as we came across this incident, we summoned the BASL Executive Committee to discuss our future actions on this matter. Accordingly, we had an audience with CJ Jayasuriya PC today (2) and handed over a letter requesting him to take necessary actions in this regard. Apart from that, we have already written to the Public Security Minister Tiran Alles and the Inspector General of Police Chandana D. Wickramaratne, requesting them to launch an investigation into the matter,” he said. Nawaratna also added that the BASL will closely monitor the actions taken by the law enforcement authorities regarding this incident and said that this incident must not be neglected, considering it as an isolated event, but instead, has to be looked at very seriously, since it is a deadly attack on the independence of the Judiciary.When contacted by The Daily Morning yesterday, the High Court Judges Association General Secretary and Judge Sujeewa Nishshanka said that while they are not capable of commenting on this matter to the media without the permission of the Judicial Services Commission (JSC), a media statement in this regard will be issued very soon.Meanwhile, Alles has ordered the Criminal Investigations Department (CID) to launch a comprehensive investigation into the events that led to the resignation of Saravanarajah and his departure from the country.On 23 September, Saravanarajah submitted his resignation from all judicial positions to the Secretary of the JSC, attributing his resignation to the recent death threats received by him following certain verdicts he had delivered pertaining to various controversial and sensitive cases. Saravanarajah is believed to have flown overseas after having submitted his letter of resignation.Several attempts made to contact Justice, Prison Affairs and Constitutional Reforms Minister Dr. Wijeyadasa Rajapakshe PC, the Secretary to the President Saman Ekanayake and the JSC proved futile.

Judge’s resignation over threats: BASL hands over letter to CJ 

<ul><li>Cites issue with Health Minister’s powers regarding the SLMC</li></ul> Claiming that there is a problematic situation regarding the Health Minister's powers concerning the Sri Lanka Medical Council (SLMC), the Government Medical Officers' Association (GMOA) stated that its Executive Committee would discuss the removal of the SLMC's Vice President (VP), Prof. Jayantha Jayawardana, and, if a need arises, seek legal advice regarding the same.Health Minister Keheliya Rambukwella last week removed Prof. Jayawardana as the SLMC's VP, a move which was said to be aimed at “reconstituting the Board of the SLMC”.Speaking to The Daily Morning, the Media&nbsp; GMOA Spokesperson, Dr. Chamil Wijesinghe said that there is a problematic situation regarding the Health Minister's powers concerning the SLMC at present. “There is a problematic situation regarding the Minister's powers as per the Medical Ordinance as there is an ongoing lawsuit in regard to a decision made by a former Health Minister.” He was referring to the ruling of the Court of Appeal (CoA) which observed that the then Minister of Health, attorney Pavithradevi Wanniarachchi had acted in a malicious and arbitrary manner in violation of the principle of natural justice in the removal of Prof. Harendra De Silva, who served as the President of the SLMC and its other members in 2020, and the writ order issued by the CoA invalidating the related letters issued by Wanniarachchi.Dr. Wijesinghe further added: “There is a grey area in relation to this matter. Therefore, we will be discussing this at the Executive Committee. We will then make the necessary decisions. If necessary, we will even be compelled to seek legal advice on the matter.”Rambukwella was not available for comment.At the time of the removal, Prof. Jayawardana was also the Chairman of the SLMC’s Preliminary Proceedings Committee (PPC) and the Audit Committee, and a member of the Management and Legislative Committees. In addition to the GMOA, the Association of Medical Specialists (AMS), in a statement issued late last week, had also raised concerns over the removal of Prof. Jayawardana.“Prof. Jayawardana has contributed enormously to the SLMC with his hard work and commitment, using his vast experience as a medical academic which includes a Chair Professorship in Obstetrics and Gynaecology, being the past Dean of a medical school and the past Director of the PostGraduate Institute of Medicine, University of Colombo. If the SLMC is to experience a “rapid turnover” of its members, especially those holding important positions within the Council, it can certainly affect the continuity and the smooth functioning of many processes leading to the re-examination of certain matters, in turn resulting in an unacceptable delay in making important decisions. It can also affect the independence of the SLMC significantly as the members may not be expressing their views fully and openly as they are not sure of their position in the SLMC. It is important to note that as the Head of the Audit Committee Prof. Jayawardana has exposed large payments made from SLMC funds to certain parties recently and there arises a reasonable doubt to link his removal to such revelations. If there is an allegation against an appointed member, an impartial inquiry has to be conducted where the member concerned should be given an opportunity to express his/her side of the story. Removal without such inquiry is against the principle of natural justice. We understand that in the letter issued to Prof. Jayawardana terminating his term at the SLMC, a remark was made stating that the restructuring of the SLMC is now planned. The question here is why only Prof. Jayawardana was singled out and terminated for this purpose out of the other four appointees and the President of the SLMC, all appointed by the Health Minister, who continue to remain within the SLMC,” the statement read.

GMOA to take up SLMC VP removal 

The Electricity Consumers’ Association (ECA) has warned of appropriate legal proceedings before the Supreme Court (SC) and the Court of Appeal (CoA) against the Ceylon Electricity Board’s (CEB) preparations to revise electricity tariffs for the third time during the course of this year (2023).Citing its current income situation, the CEB had recently requested the Public Utilities Commission of Sri Lanka (PUCSL) to grant permission for a revision of the electricity tariffs, impliedly a tariff increase. The PUCSL had, accordingly, called for written comments and suggestions from the public and other stakeholders up to 18 October.Speaking to The Daily Morning yesterday (2), ECA General Secretary Sanjeewa Dhammika said that the PUCSL should, at the first instance, have dismissed the CEB’s proposal to revise tariffs with effect from October 2023, as two tariff revisions have already been made during this year.“We are waiting for the PUCSL to take the appropriate action. If they don’t fulfil their responsibility, we will definitely file a fundamental rights (FR) petition before the SC against the CEB’s preparations to increase electricity tariffs once again. In addition, we hope to file an application before the CoA, seeking a writ order preventing the electricity tariffs from being revised before January of next year (2024),” he explained.In a recent letter addressed to the PUCSL, CEB General Manager Engineer Rohan Seneviratne had said that the CEB had proposed a 3.15% reduction in the electricity tariff for the period from July to December 2023, but that the PUCSL had reduced the tariff by about 14.2%, thus curtailing a considerable amount of the allowed expenditure (approximately Rs. 33 billion) for the operations of the CEB for 2023. Therefore, the CEB had requested the PUCSL to take appropriate actions with immediate effect, impliedly the approval of a tariff increase.&nbsp;

Proposed electricity tariff hike: Consumers to challenge in apex courts 

Minister of Public Security Tiran Alles has ordered the Inspector General of Police (IGP) Chandana D. Wickramaratne and the Criminal Investigations Department (CID) to conduct a complete and comprehensive investigation into the resignation of Mullaitivu District Judge and Magistrate T. Saravanarajah, and the factors and events that led to it and his departure from the country.Through a letter dated 23 September 2023, addressed to the Secretary of the Judicial Services Commission (JSC), Saravanarajah had tendered his resignation from a range of posts that he had held - District Judge, Magistrate, Family Court Judge, Primary Court Judge, Small Claims Court Judge, and Juveniles Court Judge - the letter read, due to threats to his life and a lot of stress. These death threats are following certain verdicts he had delivered pertaining to various controversial and sensitive cases. Sarvanarajah is believed to have flown overseas after having submitted his letter of resignation.An official of the Public Security Ministry yesterday (2) told The Daily Morning that Alles had ordered Wickramaratne and the CID to carry out a complete investigation into the resignation and migration of Saravanarajah, the factors that led to it, and the alleged threats that he had faced.Reports circulating on social media and online platforms read that he (Saravanarajah) had resigned and left the country, and that he had received death threats in connection with the lawsuit pertaining to the Kurundumale Viharaya (Kurundi Temple) in Mullaitivu. There are also reports to the effect that the State Intelligence Service had been keeping surveillance on him, and that his security had been reduced.The incident has led to controversy over the past few days, and several parties have therefore called on the Government for an impartial and transparent investigation into the same, noting that it is crucial to ascertain the veracity of these threats. In an attempt to demand such, the Bar Association of Sri Lanka (BASL) stated that they would reach out to the Chief Justice, President's Counsel Jayantha Jayasuriya, and Alles and Wickramaratne.&nbsp;Furthermore, the BASL, in its statement, said that it believes that safeguarding the Judiciary is essential for the preservation of the rule of law and the protection of the fundamental rights of all citizens.

IGP, CID ordered to probe Judge’s resignation 

The Supreme Court (SC) yesterday (2) ordered to once again issue notice on the new Chairman and members of the Election Commission (EC) to appear before the Court.This order was issued by a five-Judge SC bench, when the petitions seeking an order declaring that the fundamental human rights of the people have been violated by the failure to hold the 2023 Local Government (LG) Elections on 9 March 2023, as previously scheduled, and to issue an order to the EC to hold the relevant Elections on time, were taken up for consideration yesterday.The petitions were filed by the National People’s Power (NPP), the Samagi Jana Balawegaya, the Centre for Policy Alternatives and the People’s Action for Free and Fair Elections, naming the EC Chairman and the members of the EC as respondents.Chief Justice (CJ) and President’s Counsel (PC) Jayantha Jayasuriya and Justices Priyantha Jayawardena PC, Vijith Kumara Malalgoda PC, Murdu Fernando PC and Gamini Amarasekera comprised the five-Judge bench which issued this order.There, Nigel Hatch PC, who appeared on behalf of the NPP, requested the Court for an early date for the hearing of the petition since the fundamental human rights of the people are violated by the postponement of the Elections.At the time, the CJ mentioned that although the hearing of the relevant petitions was scheduled to be held yesterday, a situation had arisen where it was not possible to carry out the hearing due to the fact that the petitioners had not properly issued notice to the respondents. The CJ further emphasised that not only the petitions related to the LG Polls but also the facts related to each and every petition presented to the Court will be considered in depth.Accordingly, the Judge bench ordered the petitioning party to issue notices to the new members of the EC and the former member of the EC, P.S.M. Charles, who were added to the list of respondents of the petitions, within a period of one week.Later, the relevant petitions were ordered to be recalled for hearing on 21, 22, 29 and 30 November and 1 December 2023.

LG Polls case: SC issues notices on new EC and fmr-member P.S.M. Charles 

<ul><li>SJB says PUCSL has no right to increase tariff again:Experts claim SL will have highest tariff in SA region&nbsp;&nbsp;&nbsp;</li></ul> The Ceylon Electricity Board (CEB) has decided to submit the facts and data relating to their request to increase the electricity tariff once again to the Public Utilities Commission of Sri Lanka (PUCSL), within the course of yesterday (2) or today (3).The CEB recently made a request from the PUCSL to increase electricity tariffs once again, citing the need to cover the costs for thermal power generation during the months when dry weather conditions were prevalent across the country.According to CEB sources, the detailed facts in relation to the tariff hike request will be submitted to the PUCSL within these two days since it is a request to increase the tariffs beyond the usual tariff revision procedure. CEB General Manager Engineer Dr. Narendra De Silva said that they have sought an electricity tariff hike this month (in October), which was supposed to be made in January of this year (2023).However, Samagi Jana Balawegaya (SJB) Opposition Parliamentarian Tissa Attanayake stressed that the PUCSL has no right to permit an electricity tariff hike again.The Propaganda Secretary of the Janatha Vimukthi Peramuna led National People’s Power (JVP/NPP), Opposition MP Vijitha Herath mentioned that if the electricity tariff is revised again, it is inevitable that the people will be in dire straits.Minister Manusha Nanayakkara stated that institutions like the CEB need to be restricted and made profitable, without inconveniencing the public.However, the Director General of Trade Unions to the President, Saman Rathnapriya expressed that the Government will take measures to revise the electricity tariffs in a manner that does not inconvenience the people.&nbsp;Meanwhile, renowned energy consultant Dr. Thilak Siyambalapitiya claimed that Sri Lanka will become the country with the highest electricity tariff in the South Asian (SA) region, if the proposed electricity tariff hike comes into effect. He pointed out that Sri Lanka is currently among the top three countries in South Asia with the highest electricity tariff. Furthermore, he emphasised that a new method should be introduced urgently in order to reduce the prices of electricity products.

Proposed tariff hike: CEB to re-submit data/facts to PUCSL 

<ul><li> Railways GM cites resources (financial, manpower, technological, training) constraints</li></ul>&nbsp; In the wake of around six wild elephants being killed after colliding with trains during the course of last week, the Railways Department called for collaborative measures with the Department of Wildlife Conservation (DWC) in order to prevent such incidents.During the course of last week, nearly six elephants were reportedly killed by train accidents that had taken place along the Batticaloa line. According to reports, four elephants had died after colliding with the night mail train plying from Colombo to Kankesanthurai near Galgamuwa at around 12 midnight. Meanwhile, a female tusker and an elephant calf collided with the “Meenagaya” train en route from Batticaloa to Colombo in the Palugaswewa area of Habarana at around 12.30 a.m., according to the Police.Speaking to The Daily Morning yesterday (2), the Railways General Manager (GM) W.A.D. Gunasinghe said that it is important to take collaborative measures with the help of the DWC since neither can prevent this situation without the support of the other. He also said that these two institutions have been holding discussions regarding this matter for several years, but that no action has been continued due to the lack of institutional support and technological expertise. He added that recent plans have been hampered due to the lack of the required financial support and the human resources which is a common issue for both these institutions, and said that a long term plan has to be made instead of going for urgent plans. “This problem has been identified by several Governments and they were trying to address this issue through various approaches. Unfortunately, none of those programmes were properly institutionalised. Therefore, those programmes lasted only for a very short period. When it comes to the technological aspects of this issue, a system has not been developed for a considerable period of time. But now, we are working to get the support of all the relevant stakeholders in order to make a long term plan to address this issue,” he said.He also emphasised that they welcome the proposals of the non-State sector since their support has been appreciated for previous programmes. He noted that the officers of these two institutions should be trained to deal with such incidents.The Director General of the DWC Chandana Sooriyabandara was not available for comment.

Train-elephant collision: Railways Dept. seeks DWC collaboration 

<ul><li> Claims their Govt. will amend certain clauses in IMF agreement&nbsp;</li></ul> Blaming the current Government for the uncertain situation that has risen with regard to the second tranche from the International Monetary Fund (IMF), Opposition Parliamentarian Prof. G.L. Peiris has assured a review of certain clauses in the agreement between the government and the IMF and appropriate amendments under a future government.It was reported that Sri Lanka’s second tranche of the $ 3 billion Extended Fund Facility (EFF) from the IMF is likely to be delayed, as the country has failed to meet the programme’s objectives.Commenting on the possible delay in the receipt of the said tranche, Prof. Peiris said that the Government should be held fully responsible and that no other party could be blamed for it. “The Government should take full responsibility for what has happened. It cannot be delegated to any other party. In the end, the people have to suffer the consequences of the corrupt actions of the Government. They did not take any action to eliminate corruption, and frame billionaires and large-scale companies that evade paying taxes. The IMF is well aware of these issues.”He said that the unfortunate situation prevailing at present would not last for a long time, as a government change would take place in the near future. “In 10 more months, this situation will completely change. The upcoming government will definitely subject certain matters in the agreement between the government and the IMF to a review. We will not abolish this agreement, and it is not possible to do so either, but we will be reviewing the agreement in consultation with all the relevant stakeholders such as the trade unions and civil and political organisations.” The IMF in March 2023, approved a 48-month, $ 3 billion arrangement under the EFF to support Sri Lanka’s economic policies and reforms with the main emphasis on increasing government revenue, boosting foreign currency reserves, and reducing inflation, which saw a significant increase during the economic crisis. An IMF delegation was in Colombo for over a week for the first review of the EFF before the IMF’s Executive Board approval for the second tranche, and the delegation has said that there was no fixed timeline for the second tranche to be discharged.

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