Blurred lines: Magisterial powers of HCC rejected

Officials say body illegally sealing drug stores

PESHAWAR:

The government has refused to confer magisterial powers to the Health Care Commission (HCC), which was formed when Health Regulatory Authority was dissolved in November 2014.

The HCC was meant to keep a close check on illegal activities. However, they themselves [the commission officials] were allegedly involved in illegal practices by accepting bribes and excusing those involved in illegal businesses in the health sector, insiders told The Express Tribune.

According to a health official familiar with the matter, the HCC requested the K-P government to confer magisterial powers to the commission officials, enabling it to arrest people running illegal businesses. This would include selling banned medicines, running unauthorised laboratories, and selling substandard drugs. He said the commission members wanted to legalise their practice.

“They had been exercising such powers and this was the message conveyed to the provincial government after several complaints were filed, following which the government took action against the activities of the HCC,” the health official told The Express Tribune.

Sealing stores

A senior health official said the HCC members used to seal drug stores and arrest people, but would release them and unseal the business after accepting bribes. However, their actions were against the law since HCC officials were not allowed to seal stores or arrest people, he said, requesting anonymity as he was not allowed to talk to the media.



“Chief Minister Pervez Khattak refused to confer magisterial powers following complaints and said the HCC members’ actions were against the law,” the senior health official said.

Courting justice

When contacted, HCC Board of Governors Chairperson Dr Zafar told The Express Tribune, “The commission never sought such powers, and the commission members are not involved in corruption. What was requested was to streamline things.”

He said upon intervention, cases would go to the high court. Once the high court issued its decision in the case, the parties involved would file an appeal in the sessions court. “Something it’s beyond my understanding,” added Zafar.

“Normally, appeals against a high court verdict are filed at the Supreme Court of Pakistan. However, here appeals are being filed at the session courts.”

Several amendments have been made and copy of a draft has been received by the HCC board, he said. The draft will be tabled before the K-P Assembly following a discussion at the meeting of the board of governors and other experts.

Zafar told The Express Tribune the HCC requested cases such as those about sealing stores or arresting people be referred to the local magistrate, enabling people to file their appeal at sessions courts.

However, confusion persists as even though the rules and regulations to be followed by HCC were passed by the provincial assembly, a formal protocol for HCC was not formulated. “Things are being run under the [system of the] dissolved HRA,” explained Zafar.

Published in The Express Tribune, February 13^th,  2016.