Transparency International Sri Lanka (TISL) has moved the Supreme Court to initiate contempt proceedings (SC/Contempt/09/2026) against the former Minister of Health, the former Secretary to the Ministry of Health, the former Chairman and former Chief Executive Officer of the National Medicines Regulatory Authority (NMRA), and the former Director of the Medical Supplies Division in SC/FR/65/2023 for their alleged failure to comply with orders made by the Court in its judgment delivered on the 27th of March 2026.
The contempt application arises from the alleged failure of the five respondents to make payments ordered by the Supreme Court to the State. In its judgment in SC/FR/65/2023, the Supreme Court ordered the former Minister of Health, Keheliya Rambukwella, to pay Rs. 75 million to the State, while the other four respondents were each ordered to pay Rs. 50 million to the State.
The judgment found, among other matters, that the respondents had failed to establish a necessity to procure the medicines on an urgent basis while bypassing applicable procedures, and that the relevant respondents had knowingly violated procurement norms in facilitating the procurement from the private supplier. The Court consequently found that the respondents had infringed the fundamental right to equal protection of the law guaranteed under Article 12(1) of the Constitution.
Following the judgment, and upon confirmation from the Supreme Court and the Ministry of Health that the relevant respondents had not complied with the Court’s order to make the payments, TISL’s application is brought under Article 105(3) of the Constitution, read with the Contempt of a Court, Tribunal or Institution Act No. 8 of 2024.
In its application to the Supreme Court, TISL stated that, in the absence of any specific timeframe granted by the Supreme Court, the payments were required to be made forthwith. TISL therefore, contends that the continued failure to make the payments amounts to wilful disobedience of the judgment.
The application alleges that the failure, neglect or refusal of the five respondents to comply with the specific orders of the Supreme Court constitutes contempt of court. The application further alleges that the continued non-compliance has brought the authority of the Supreme Court into disrespect or disregard.
TISL has accordingly requested the Supreme Court to take cognisance of the alleged conduct and take appropriate action in accordance with the law. TISL considers compliance with orders of the Supreme Court to be fundamental to the rule of law and constitutional accountability. A judgment of the apex court of the land must be given effect, and orders requiring public payments cannot remain unimplemented without lawful justification.
Access the SC/FR/65/2023 judgment here: https://shorturl.at/hIvPz