At the Colombo Permanent Three-Judge High Court, Attorney-at-Law Harendra Banagala, representing the first defendant Hewage Sudath Janaka Fernando, revealed that no public institution in Sri Lanka holds a copy of the Indian loan assistance agreement signed during the country’s economic crisis in 2022. The agreement, aimed at providing urgently needed medicines and food supplies, was requested under the Right to Information Act, but the Commission responded that it could not confirm whether any public authority had custody or control of the document.
Banagala informed the bench that the Administrative Officer of the Right to Information Commission, Ms. Lasanthi Wimalasurendra, had conveyed this response on September 19, 2025, following the defense’s written request submitted on September 10. He requested the court to issue an order directing the Commission to provide the agreement. The presiding judge rejected the request, noting that it is the defense’s responsibility to obtain evidence they intend to use.
The courtroom exchanges quickly shifted to the safety and import of drugs. Banagala questioned a witness about media reports regarding complications from 63 imported drugs in 2023, including itching, stomach pain, and other side effects. The witness stated that statements made by officials, including the former Chairman of the Drug Regulatory Authority, Ravindra Manoj Gamage, were personal opinions if not discussed with the Board of Directors. Banagala pressed further, asking whether personal matters should be publicly posted on official websites, suggesting that responsible government officials have a duty to act with transparency. The witness replied there was no legal provision for this, and objections were raised by the National Security General to certain lines of questioning.
The defense then inquired whether officials were aware of a court order requiring pharmaceutical companies to cover expenses for inspections during the import of drugs. The presiding judge clarified whether such an order existed, prompting the witness to respond only to questions asked directly. Banagala also questioned awareness of public concerns regarding the Human Immunoglobulin vaccine, which had been reported in media due to possible complications and allegations of forged import certificates. The witness confirmed being informed by the then CEO of the Drug Regulatory Authority but could not recall specific complications.
Further scrutiny was placed on the finance side of the Indian loan agreement. Banagala asked which Finance Minister negotiated the agreement; the witness could not specify, citing multiple ministers involved at the time. Questions also focused on document 158, a proposal by the eighth defendant Keheliya Rambukwella to import medicines under emergency procurement, with the witness acknowledging a meeting held on December 29, 2023, where the Secretary to the Ministry of Health announced ministerial approval to prioritize certain medicines, bypassing standard registration procedures under Section 109 of the Medicines Regulation Act.
The bench also explored the unusual location of a board meeting on March 27, 2023, held at a top hotel in Colombo. The witness stated that board meetings are normally held in the official Chairman’s room and that expenses for this hotel meeting were reportedly paid by board members themselves, with no clear records. Questions were raised about cabinet approval to obtain medicines from an Indian company blacklisted by the Drug Regulatory Authority, with the witness noting that the CEO informed them of certificate issuance only 14 days after the fact.
The court adjourned further proceedings until today (February 27) and ordered the summons of Senior Professor Priyadarshani Galappaththi of the Colombo Medical Faculty and Senior Professor Amila Wanathunga of the University of Sri Jayewardenepura to give evidence on behalf of the complaint. The case highlights growing concerns over government transparency, accountability in foreign aid agreements, and the regulation of drug imports during one of Sri Lanka’s most severe economic crises.
