The Colombo High Court yesterday (Sep. 10) rejected the request by Asiri Hospitals and its Board of Directors to revise the Maligakanda Magistrate’s ruling, which had ordered them to appear before the court in a case where the hospital had previously pleaded guilty to selling 11 drugs beyond the MRP set as per the National Medicines Regulatory Authority (NMRA) Act.
The hospital and its Board of Directors had filed an application to revise the Maligakanda Magistrate’s order, which required them to appear in court on Sept. 25.
Appearing on behalf of the hospital and its Director Board, President’s Counsel Romesh de Silva had argued that the notice calling for his clients to appear before courts again, would cause substantial damage to the hospital’s reputation while disrupting its revenue, administrative and business operations.
However, High Court Judge Indika Kalingawansa dismissed the request, issuing notices to the other respondents including the NMRA, the Attorney General, and the plaintiff – Sanath Kumara Athukorala, to appear before the court on Sep. 24.
Senior Attorney Ranjith Heellage, representing the plaintiff in this case – Sanath Athukorala had requested that the revision application be dismissed.
He informed that instead of being ordered to pay a fine, serve a prison sentence, and publish an apology in 03 languages on the front page of newspapers pledging not to repeat such violations after the hospital had pleaded guilty to the charges, the Maligakanda Acting Magistrate had imposed a fine totalling up to Rs. 25,000 for all the 10 Directors.
After reviewing the case, the High Court judge dismissed the revision application and issued notices to the respondents in the revision application.
The respondents in the case (No. 52624/23) include the hospital’s directors – Vishal Bali, Ashoka Kariyawasam Pathirage, Ankur Nand Thadani, Karunamuni Manjula Prasanna, Sudarshan Ahangama, Gardiyar Lokuge, Harris Premaratne, Sivakumar Sellaiya, Haresh Kumar Kaimal, and Ajith Karunaratne – along with Assistant Billing Manager B.D. Sadathisaru.
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