The Supreme Court has dismissed a Fundamental Rights (FR) petition filed by Saman Ratnayake, a former Additional Secretary to the Ministry of Health, seeking a ruling that his fundamental human rights were violated through ‘unlawfully’ arresting and remanding him in custody by the Criminal Investigations Department (CID) over the substandard human intravenous immunoglobulin (IVIG) procurement case.

This order was issued when the relevant petition was taken up before a three-member Supreme Court judge bench comprising Justices Gamini Amarasekara, Kumuduni Wickremesinghe and Sobhitha Rajakaruna today (04).

On March 01, 2024, the then Additional Secretary to the Ministry of Health Saman Ratnayake was arrested by the CID over the controversial procurement of substandard human intravenous immunoglobulin (IVIG) vials.

Prior to the apprehension of Ratnayake, several arrests had been made in connection with the drug procurement scam including the former Minister of Health Keheliya Rambukwella, former Health Ministry Secretary Janaka Chandragupta, the Director of the Health Ministry’s Medical Supplies Division (MSD) and three other officials of the same division, as well as the owner of the company, which is said to have imported the batch of substandard Immunoglobulin vials by forging documents.

In October 2023, the National Medicines Regulatory Authority (NMRA) revealed that forged documents were found to have been submitted for Customs clearance to procure a batch of vials containing human immunoglobulin, an antibody produced by blood plasma cells, which later failed the quality tests.

The product, which was said to have been manufactured by Livealth Biopharma Pvt Ltd. India, was imported by a local medicine supplier called Isolez Biotech Pharma AG (Pvt) Ltd. However, the India-based manufacturer has denied having a hand in this fraudulent activity and communicated to the NMRA that it has neither manufactured, supplied nor exported these products to any party.

Reportedly, funds to the tune of Rs. 144 million have been misappropriated through the unlawful procurement of 22,500 vials of IVIG.