Gen (retd) Kayani is accused of disbanding a legally established Armed Forces Medical Store Depot, as well as, manufacturing, supplying and procuring substandard and spurious medicines.
Recently, a former military officer Lt Col (retd) Inamul Rahiem moved a petition under Article 184 (3) of the Constitution, requesting the Supreme Court to issue directives for a complete audit of the medical store tendered, purchased and procured by the improperly established depots at 27 CMHs.
He prayed the court to refer the matter to the National Accountability Bureau (NAB) for criminal proceedings.
Petitioner accuses Gen Kayani in medical scam
However, the apex court registrar office returned the petition raising three objections. A Copy of the registrar's letter to the petitioner is available with The Express Tribune.
The registrar office objected that the petitioner has not approached any other appropriate forum available to him under the law for the same relief, adding that he has not provided any justification for not doing so.
The registrar office also objected that apparently the matter is sub judice before the Lahore High Court's Rawalpindi bench in a writ petition No 11/21/2015.
Rahiem, however, expressed concerns at the registrar office's move, saying that he would challenge the objections very soon as, according to him, the registrar has no legal authority to decide the maintainability of the petition.
The applicant made the Ministry of Defence, Gen (retd) Ashfaq Parvez besides others Kayani, Lt-General (retd) Athar as respondents.
"During his [Athar] stay as corps commander at Karachi, he came across certain medicine manufacturers and knew their business technique and after his retirement from [the] armed forces he decided to set up the business of medicines," the petition stated.
It further added that Athar got the services of former Lt Col Naveed who had a long association with him and kept on looking after his other extra service interests.
After retirement, Lt Col Naveed established a pharmaceutical factory as a frontman of Lt Gen (retd) Athar, the petition alleged.
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In 2009, a drug inspector sent the sample of tablet Tinize manufactured by Medizan Laboratories (Pvt) Ltd and which was supplied to the DHQ Hospital Rawalpindi and in the market.
The Drug Testing Laboratory Punjab in February 2009 confirmed that the said drug was substandard and also revealed that M/s Medizan had also issued warranty to M/s Foray Pharma in 2008.
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