A bail application filed by former Health Minister Keheliya Rambukwella who is currently in remand custody in connection with the alleged import of substandard immunoglobulin injections, seeking his release on bail, was yesterday fixed for order on April 3 by the Colombo High Court.
When the bail application was taken up before Colombo High Court Judge Sujeewa Nissanka, Deputy Solicitor General Lakmini Girihagama, appearing on behalf of the Attorney General, made a lengthy submission raising objections over it. She pointed out that Rambukwella had requested the Cabinet on May 30, 2023, permission to import and supply to the government a list of 182 medicines and another list of 17 medicines, citing the fact that the health sector will collapse within three weeks if the medicines were not imported.
Revealing the facts before the Court, she said that in the request made by Rambukwella before the Cabinet on May 30, 2023, he had pointed out that the country was facing a shortage of medicines, particularly a list of 182 medicines and another list of 17 medicines. However, the CID had conducted a proper investigation about the availability of the medicines and it was revealed that the country possessed adequate supplies of the listed medicines.
She further pointed out that the petitioner had filed the bail application before the Colombo High Court challenging the bail order given by the Maligakanda Magistrate on February 29 and the petitioner had filed the bail application in the Colombo High Court without the relevant order and concealing the facts.
She also pointed out that the Maligakanda Magistrate had issued an order regarding the granting of bail to the suspect on March 14 and the order stands to remand the suspect until the final determination of the case before the Maligakanda Magistrate’s Court.
Therefore, she sought from the Court to dismiss the application in the first instance without issuing the notices to the respondents as the Maligakanda Magistrate has issued a full bail order on March 14 and there is no legal basis to challenge the Magistrate’s order which was issued on February 29.
President’s Counsel Anuja Premarathne appearing for the petitioner informed the Court that they were unable to obtain the copies of the Maligakanda Magistrate’s order which was delivered on February 29 and he responsibly stated that withholding the pertinent documents from them is a deliberate action and that this is the best way to keep someone in remand.
Given the circumstances, the Colombo High Court Judge directed the Registrar of the Court to inquire with the Maligakanda Magistrate’s Court Registrar about the reason for the postponement of delivering those documents to the appropriate party.
Following that, the Colombo High Court Registrar had checked the matter with the Maligakanda Magistrate’s Court Registrar and informed the Court that the petitioner party had requested the relevant documents related to the order issued on February 29 by the Maligakanda Magistrate on March 19 and they were still in the process of preparing the copies.
Following that, the petitioner party sought from the Court to attach those documents to the bail application as they couldn’t attach it before due to the delay in the process.
After considering the circumstances, the Colombo High Court Judge ruled that those documents could not be attached to the petition and fixed to deliver its order regarding the bail application on April 3.
Former Minister Rambukwella had filed a bail application in the Colombo High Court through his lawyers requesting that he be granted bail subject to any condition as the Maligakanda Magistrate has rejected his bail applications on several occasions.
Dilshan Tharaka