The Transparency International Sri Lanka (TISL) filed a Fundamental Rights (FR) application at the Supreme Court on Tuesday (16), highlighting the serious ramifications on the health sector and the general public from the recent controversial procurement of medical supplies including human immunoglobulin (IG), and seeking accountability for the misuse of public resources and the violation of the FR of citizens.
The Cabinet of Ministers, the current and former higher officials of the health sector, the former Health Minister and the incumbent Government Parliamentarian Keheliya Rambukwella, the companies involved in the controversial supplies of human intravenous (IV) IG, the Treasury Secretary, the Auditor General, the Director General of Customs, the Inspector General of Police, the Members and Director General of the Commission to Investigate Allegations of Bribery or Corruption and the Attorney General are among the 66 respondents named in the petition.
The petition requests the Court to declare that the purported decision of the Cabinet and the health authorities to procure medical supplies from Isolez Biotech Pharma AG (Private) Limited, Livealth Biopharma (Pvt.) Ltd., Yaden International (Pvt.) Ltd., Nandani Medical Laboratories (Pvt.) Ltd., Divine Laboratories (Pvt.) Ltd., Gulfic Biosciences Ltd., 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 FR 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 to 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 the Ministry of Health, who orchestrated the said emergency for ulterior motives,” the petition states.
The TISL thereby 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 to compute the cost incurred by procuring medical supplies through them. In addition, it requests the Court to direct the Attorney General to commence the 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 Attorney General to recover the costs incurred to the State or the public, and to seek compensation from the relevant parties.