Case Title: Transparency International Sri Lanka vs Hon. Ranil Wickramasinghe and others.
(Keheliya Rambukwella Medicine Procurement Case)
Court: Supreme Court of Sri Lanka | SC FR 65/2023 with SC FR 82/2023
Before : P. PADMAN SURASENA, CJ. KUMUDINI WICKREMASINGHE, J. JANAK DE SILVA, J.
Decided on: 27th March 2026
In the matter of Transparency International Sri Lanka and Ashala Nadishani Perera against various government ministers, officials, and Favorite Pharmaceuticals (Pvt) Limited, the court addressed the issue of an illegal procurement procedure for medical supplies and alleged violations of fundamental rights under Article 12(1) of the Constitution. The court held that the procurement was unlawful, arbitrary, and infringed upon the petitioners’ fundamental right to equal protection of the law, reaffirming the principle that public procurement must adhere to established legal and procedural guidelines. This decision relied on Article 12(1) of the Constitution and procurement guidelines, emphasizing the importance of transparency, accountability, and the proper exercise of public authority in safeguarding public funds and ensuring the quality of essential supplies. The Court rejected a preliminary objection regarding the time bar, finding that applications were filed within one month of awareness of infringements.
P. PADMAN SURASENA, CJ – delivered the judgment, consolidating cases SC/FR/65/2023 and SC/FR/82/2023. The preliminary objection regarding the time bar was rejected, as petitioners filed applications within one month of becoming aware of the alleged infringements. It was found that the procurement procedure for medical supplies from Favorite Pharmaceuticals (Pvt) Limited was illegal, arbitrary, and infringed upon the petitioners’ fundamental right to equal protection of the law under Article 12(1) of the Constitution. The former Minister of Health, Keheliya Rambukwella, former Secretary to the Ministry of Health (25th Respondent), former Chairman of NMRA (27th Respondent), former Chief Executive Officer of NMRA (28th Respondent), and former Director of Medical Supplies Division (37th Respondent) were determined to have acted contrary to law and procurement guidelines. It was highlighted that no actual shortage of medical supplies existed as claimed, the procurement was unsolicited, and the NMRA failed to ensure quality and proper documentation for the Waiver of Registration.
The procurement decisions, the grant of WOR, and the importation of medical supplies were declared null and void, and any payment to the 45th Respondent was prohibited.
The 22nd Respondent, Hon. Keheliya Rambukwella, Former Minister of Health was ordered to pay Rupees Seventy-Five Million (Rs. 75,000,000/=) to the state, and the 25th, 27th, 28th, and 37th Respondents were each ordered to pay Rupees Fifty Million (Rs. 50,000,000/=) to the state as costs. Additionally, the 38A Respondent and CIABOC were directed to investigate potential violations of law.
KUMUDINI WICKREMASINGHE, J agreed with P. PADMAN SURASENA, CJ.
JANAK DE SILVA, J agreed with P. PADMAN SURASENA, CJ.
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