Drug importer allowed to support case against DG Health Service

Wasantha Ramanayake

The Supreme Court yesterday directed the petitioner to support the case with notification to all respondents in a Writ application filed against the Director General of Health Services and the Bribery Commission.

The petitioner who was a medicinal drug importer filed the case compelling the Bribery Commission to commence investigations into the allegations of bribery and corruption involving Director General of Health Services Dr. Ajith Mendis and pharmaceutical importer V. Nadaraja of Pharma Associates of Colombo 11.

Justice Shiranee Thilakawardane noted that the allegations against the Bribery Commission were serious and directed the petitioner to send notices with "immediate effect."

The Bench comprised Justices Shiranee Thilakawardane, Andrew Somawansa and K. Sripavan.

The counsel Kanishka Vitharana for the petitioner answered in the affirmative that the petitioner in fact wrote several letters to the Bribery Commission with the relevant evidence of the alleged acts of corruption and malpractice involving bribery when the Court asked whether the petitioner had actually complained to the commission.

The counsel submitted that the commission failed to investigate into and accordingly take action with regard to the allegations when there were sufficient and genuine material placed before the commission by the petitioner.

The counsel submitted that the sixth respondent imported and supplied substandard medicines to Government hospitals causing a loss of hundreds of millions to the Government with the backing of the fifth respondent.

He noted that the Inland Revenue Department had imposed a penalty of Rs. 18.4 million to the sixth respondent who paid it without any appeal or contest. The Inland Revenue Department rewarded the petitioner with of Rs. 820,808 for supplying the information.

The counsel added that the Revenue Department had the counter folios of the sixth respondent's cheque books indicating the payments of millions of rupees to the fifth respondent by the sixth respondent.

Petitioner Arushan Raninkumar of Hillside Tea and Pharmaceutical Suppliers Pvt. Ltd. cited Chairman and the Commissioners of the Bribery Commission, its Director General, Health Services Director General Dr. Ajith Mendis and V. Nadaraja as respondents.

Counsel Kanishka Vitharana and M.M. Gamage instructed by A.A. Senevirathne appeared for the respondents. The case was fixed for support with notification to all the respondents for July 2.