Implementation of National Medicinal Drug Policy:
SC grants time to ascertain current position
Wasantha RAMANAYAKE
The Supreme Court yesterday granted time to ascertain the current
position in respect of the implementation of the National Medicinal Drug
Policy.
Senior State Counsel Viveka Siriwardena appearing for the respondents
submitted that the Health Minister had already given his approval for
the legal draftsman to draft the Bill. She submitted that the process
might take sometime since there could be a public hearing on the matter.
The Senior State Counsel also submitted that whether to implement the
Policy or not was a decision to be taken by the Cabinet of Ministers.
She contended that since the Health Minister had not violated the
petitioners’ rights and the Cabinet had not been made a party, the Leave
to Proceed should be refused without entertaining the application
further.
The Bench comprised Chief Justice Asoka de Silva, Justice K. Sripavan
and Justice Ms. Chandra Ekanayake.
The Court on the last occasion allowed an application by the Attorney
General to get instructions with regard to the implementation of the
National Medicinal Drug Policy.
Counsel Chrishmal Warnasuriya for the petitioners, People’s Movement
for Patients Rights and its President Journalist Louis Benedict,
submitted that a committee that included the late Prof. Senaka Bibile
had recommended the implementation of the National Medicinal Drug Policy
in 1970s.
The counsel submitted that the governments which came to power after
1977 did not implement the recommendations. He submitted that the Health
Minister contemplated on presenting a new Bill to set up a National
Medicinal Drug Regulatory Authority and the implementation of the
National Medicinal Drug Policy in 2008.
However, there had been a long silence since then, the counsel
submitted. He submitted that the failure to present the Bill in
Parliament was in violation of the rights of the petitioners’ as well as
the public.
The petitioners sought to present the Bill in Parliament and to
implement the National Medicinal Drug Policy.
Chrishmal Warnasuriya appeared for the petitioner.
SSC Viveka Siriwardane appeared for the Attorney General.
The case will be mentioned on October 16. |