Attorney General of Pakistan (AGP) Salman Aslam Butt told the Supreme Court on Friday that the top court’s judgment on June 12, 2013 in the Khawaja Asif case is proving to be a hurdle in the appointment of heads for key state organisations, including the position of the Chief Executive of the Drug Regulatory Authority of Pakistan (DRAP).
According to the judgment, a commission must be formed to ensure that such appointments are made on merit.
During the hearing of a suo motu case regarding an increase in the price of medicines, the AGP responded to the court’s queries from Thursday’s hearing, whereby he was asked why the government has yet to appoint a chief executive or formulate a comprehensive drug policy despite the passage of eight years.
The AGP contended that there is a specific law regarding the appointment of the DRAP’s chief executive, but the appointment could not be made under that law as the court had directed the federal government to form a commission regarding such appointments.
The AG requested the court to review its verdict in the case of Khawaja Muhammad Asif, wherein the government was directed to constitute a commission for ensuring merit in all future public appointments. He further stated that the government has already moved a plea against the formation of such a commission.
The three-judge bench of the apex court, headed by Chief Justice of Pakistan Nasirul Mulk, accepted the AG’s plea and decided to fix the government’s review petition within the next week. The hearing of the case is likely to be schedule for September 24.
Earlier, in a suo motu case regarding the government’s failure to appoint heads of different departments’ on July 24, the court decided to form a five-member larger bench to decide whether it can revisit its judgment from June 12, 2013.
The court had also observed that Justice Ijaz Ahmad Chaudhry and Justice Gulzar Ahmad will be part of the larger bench since both were members of the original bench that had passed the June 12, 2013 judgment. Though the decision was hailed as a victory at the time, the PML-N government has since asked to revisit the judgment.
SC issues notices to top provincial law officers
The same bench also issued notices to all advocates general asking whether the drug regularity policy would be framed by each province or a joint policy adopted.
During the hearing, counsel for pharmaceutical companies Makhdom Ali Khan told the bench that the Punjab, Sindh and Khyber-Pakhtunkhwa (K-P) assemblies have passed resolutions empowering the federal government to formulate a drug policy. However, it has to be examined whether the provinces have given the power to the federal government in view of Article 147 of the Constitution or not.
Similarly, counsel for the Association of Pharmaceutical Companies Abdul Hafeez Pirzada contended that the federal government could not frame a drug policy without the consent of the provinces.
The CJP said the consent of the provincial governments is necessary in framing the drug regularity policy. He said the court in this case would not only decide on the issue of prices but the appointment of permanent head of DRAP as well.
The subject of licensing, registration, import, export, quality control and fixation of prices of different drugs comes under DRAP’s ambit and the authority is supervised by the Ministry of National Health Services, Regulations and Coordination in Islamabad.
Meetings with pharmaceutical manufacturers or importers are convened in Islamabad as well and SROs or notifications are also issued from the federal capital. Therefore DRAP states, only the IHC has the jurisdiction in such matters.
Published in The Express Tribune, September 20th, 2014.
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