Maligakanda Magistrate Janitha Roshani Perera ordered the directors of a leading private hospital in Colombo to be summoned to court to have charges read against them regarding the sale of medicines to an inpatient at higher prices.
The Magistrate, rejecting the preliminary objections presented by Attorney Jeewantha Jayathilake on behalf of the defendant private hospital and its directors—stating that the case regarding the sale of medicines to an inpatient at higher prices was filed after the statute of limitations had expired and that the case could not be maintained in the Maligakanda Magistrate’s Court—ordered the directors of the relevant private hospital to be summoned to court for the reading of charges.
Previously, when the court was prepared to hand over the charge sheets against the directors of the defendant private hospital, Attorney Jeewantha Jayathilake presented preliminary objections on behalf of the hospital and its directors, stating the case was filed after the period of limitation and could not be maintained in this court; the Magistrate, announcing the verdict regarding that matter, rejected the relevant preliminary objections and ordered the directors of the private hospital to be summoned to court to have the charges read.
Those summoned to court in this manner are the directors of the relevant private hospital: Ashoka Pathirage, Manjula Karunaratne, Sudarshan Ahangama, Harris Premaratne, Sivakumar Selliah, Haresh Kumar Kaimal, Ajith Karunaratne, Indian nationals Vishal Bali and Ankur Nand Thadani, and an employee of the private hospital named B.D. Sandathisaru.
When the case was called, none of the directors of the private hospital appeared in court; only a representative of the private hospital and the employee, Ms. B.D. Sandathisaru, appeared in court.
In the case filed against Asiri Hospital, a leading private hospital in Colombo, and its directors regarding the sale of medicines to an inpatient at higher prices, it was ordered to restart the legal proceedings from the beginning according to an order given by the former Chief Magistrate of Maligakanda, Lochani Abeywickrama Weerasinghe, who ruled that the order given by Maligakanda Acting Magistrate Himali Ekanayake on January 17, 2024, imposing a fine of Rs. 25,000/-, was flawed.
Following a complaint made to the Ministry of Health by Mr. Sanath Kumara Atukorala, a resident of High Level Road, Nugegoda, the Food and Drug Inspector of the National Medicines Regulatory Authority, Mr. Mahinda Sirikumara, had filed the case against the directors of the leading private hospital in Colombo.
Food and Drug Inspector of the National Medicines Regulatory Authority, Mr. Mahinda Sirikumara, has filed 11 separate charges against the defendant hospital, its directors, and eleven employees under the Medicines Regulatory Authority Act, alleging that between February 07 and 19, 2023, money was charged at prices higher than the prescribed maximum retail price for medicines used for Mrs. Mantri Kumarihamy, who was receiving inpatient treatment at the private hospital located in the Narahenpita area.
After the National Medicines Regulatory Authority filed this case, and while notices had been issued to the defendants to appear in court on January 23, 2024, on January 17, 2024—a day the Chief Magistrate had taken official leave—a person named Kelum Gimenthra Jayasuriya appeared before Acting Magistrate Himali Ekanayake via a motion as an authorized representative of the relevant company and pleaded guilty to the charges, after which a fine of Rs. 25,000/- was imposed on him, with a 06-month imprisonment term if the fine was not paid.
Following an investigation into a complaint made by the aggrieved Mr. Sanath Kumara Atukorala stating that the order given by the Maligakanda Acting Magistrate in the case filed against a leading private hospital in Colombo and its directors regarding the sale of medicines to an inpatient at higher prices was flawed, the legal proceedings were restarted from the beginning according to the order given by former Maligakanda Chief Magistrate Lochani Abeywickrama Weerasinghe, who decided that the order given by the Acting Magistrate was flawed.
After the announcement of the relevant decision, when preparations were being made to read the charges against the defendants, Attorney Jeewantha Jayathilake, appearing for the defendant hospital and its directors, raised a preliminary objection stating that although it is mentioned under the Medicines Regulatory Authority Act that a case should be filed within 03 months of an offense, this case was filed 09 months after the incident, and therefore the case is time-barred.
Pointing out that the court has no power to maintain or hear this case as it was filed after the stipulated time and is subject to the statute of limitations, the lawyer requested that the case be dismissed.
Deputy Solicitor General Ms. Lakmini Girihagama, appearing for the prosecution, presented extensive facts against this, stating that the case is not time-barred and requested to take steps to read the charges to the defendants by dismissing the preliminary objection of the defense.
Attorney Ranjith Heellage, appearing for the aggrieved Mr. Sanath Kumara Atukorala, also presented facts, pointing out that the defendants, who had come to court very suddenly even before the date the case was scheduled to be called and acted to end the case by pleading guilty, cannot now change their position, and if there is an objection regarding judicial power, it should have been presented first, and according to the law of estoppel, the subsequent position is bound by the initial position.
Attorney Ranjith Heellage presented extensive facts mentioning that it appears the defendants, who initially tried to finish the case suddenly, are now trying to drag the case out by presenting various arguments.
After considering all the facts presented as well as the written submissions, while announcing the verdict, she informed that the preliminary objections presented on behalf of the defendant private hospital and its directors are rejected.
The Legal Officer of the National Medicines Regulatory Authority, Attorney Ms. Udeshika Lakshani, who appeared for the prosecution along with former Food and Drug Inspector Mr. Mahinda Sirikumara, presented facts and requested that since the preliminary objection of the defense has been rejected, the directors of the relevant private hospital be ordered to be summoned to court for the reading of the charges.
Accepting the request, the Magistrate, who ordered the directors of the relevant private hospital to be summoned to court for the reading of the charges, also ordered the case to be called.
Legal Officer of the National Medicines Regulatory Authority, Attorney Ms. Udeshika Lakshani, appeared for the prosecution along with the former Food and Drug Inspector of the Authority, Mr. Mahinda Sirikumara.
Attorneys Udara Wijesinghe and Randunu Heellage, along with Attorney Ranjith Heellage, appeared for the dissatisfied Mr. Sanath Kumara Atukorala.
Attorneys Nilanka Polgampola and Ralitha Amarasena, along with Attorney Jeewantha Jayathilake, appeared for the defendant private hospital and its directors.
