Impugned appointments to NMRA: Writ petition to support on Aug. 10

By S.S.Selvanayagam 

The Court of Appeal fixed for support on 10 August the Writ petition challenging the impugned appointments to the National Medicines Regulatory Authority (NMRA) by the Health Minister.

The matter came up before Justice Vijith K.Malalgoda (President of CA) 

A voluntary social lobby group, People’s Movement for the Rights of Patients (PMRP), charges on the impugned appointments of Prof. Asitha de Silva and Dr Kamal Jayasinghe to the post of a member and Acting Chief Executive Officer (CEO) of NMRA respectively on ground of purported conflict of interests and disqualification from membership. 

Petitioners RMRP, its Joint Secretary Christine Perera and its Vice President M.K.P.Chanralal cited Minister of Health, Nutrition & Indigenous Medicine Rajitha Senaratne, Ministry Secretary Anura Jayawickrema, Prof. Asitha de Silva, Dr Kamal Jayasinghe, Director General of Health Dr P.G.Mahipala, Members of NMRA including Prof. R.L.Jayakody and the Attorney General as Respondents. 

Petitioners claim that the appointment of Prof. Asitha de Silva as a member of NMRA and him being appointed to post of Chairman of NMRA as well as the appointment of Dr Kamal Jayasinghe to the post of Acting CEO are made contrary to the provisions of NMRA Act. 

They lament the provisions of NMRA has been misused, abused and applied contrary to the intention of the Legislature. 

They state Prof. R.L.Jayakody had been the founder Chairman of NMRA who has resigned due to personal reasons and the Minister has purported to have appointed Prof.Asitha de Silva as the Chairman of NMRA, contrary to the provisions of the NMRA Act. 

They state the Pharmaceutical Industry is a very wealthy and influential organised group and the provisions of qualifications, conflict of interest and disqualification have been introduced to NMRA Act. 

They maintain that Prof.Asitha de Silva has not made a full and proper disclosure to the Minister and the Minister has not diligently scrutinised or inquired into the relevant matters on the appointment. 

They point out that Remedium One Ltd was incorporated by Prof. Asitha de Silva in 2009 and he was the Principal Director where he held one share and his wife 31,000 shares of the said Company. 

They claim that the ownership of shares of the said Company is seemingly completely private and there is no public/governmental ownership. 

The objectives of the said Company are coordinating and facilitating medical research including drugs and device related studies and clinical trials and establishing global partnership as well as importing, storing and distributing pharmaceuticals, product and equipment, they said.  After the purported appointment of Prof. Asitha de Silva, the said Company tendered a Form 20 with change resignation of Prof. Asitha de Silva to the Registrar of Companies, they assert. 

The said Company is exclusively a private Company where Prof. Asitha de Silva is a key management person and none of the State Institutes or Universities are involved in the said company, they underline. 

They bemoan that the Prof. Asitha de Silva has a conflict of interest financial and otherwise both real and apparent which is likely to prejudicially affect him in carrying out his duties towards the NMRA. 

Palitha Kumarasinghe PC with Harith de Mel instructed by Bushra Muheeza Hashim appeared for the Petitioners.