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IHC seeks report from DG
Health over jurisdiction
Islamabad—A Single Bench comprising Chief Justice Sardar Mohammad
Aslam has sought written reply from Director General Health about
its jurisdiction within fifteen days.
He issued these directions after hearing a writ petition filed by a
drug manufacturing company of Lahore against lodging of an FIR by
the Drug Inspector Lahore upon DG’s instructions.
Meanwhile, Islamabad High Court here Thursday retained stay on
manufacturing and marketing of a miscarriage prevention drug and
adjourned hearing of the case till April 14.
A single bench comprising Justice Syed Qalbe Hassan heard the writ
petition filed by Highnoon Pharmaceutical company against a decision
of Drug Appellate Board of the Ministry of Health.
Raja Mohammad Akram, counsel for the petitioner, informed the court
that a drug Derogest was introduced in the market by Zafa
Pharmaceutical company to prevent miscarriage in pregnant women
after approval by the Drug Licensing Board.
He said but after two years on various complaints about its
ineffectiveness the same Board imposed a ban on manufacturing and
marketing of the same drug.
He said that Zafa company took the matter to Drug Appellate Board of
the Ministry of Health which lifted the ban and Secretary Ministry
of Health issued a directive in this regard.
He argued that under section 2 and 3 of the Drug Appellate Board
Act, it was required that all the members of the board should
unanimously decide the issue but it was decided by one man.
He contended that secretary was a non-technical person and he was
not competent to revoke a ban imposed by Drug Licensing Board
without approval of all its seventeen members.
Akram also cited Pio Gul case of 1960 decided by the Supreme Court.
Zulfiqar Naqvi advocate and Shamshadullah Advocate, representing the
respondents said that Secretary had full authority to pass any
order.
They cited various sections of Drug Appellate Board and termed it a
professional tussle between the two pharmaceutical companies. After
hearing their arguments, Justice Syed Qalbe Hassan adjourned hearing
till Monday by retaining its previous stay on the production of
drug. —APP
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