The Supreme Court has issued written orders directing the federal and provincial governments to take strict action in accordance with the law against hoarders of anti-virus chemicals, lifesaving drugs, oxygen cylinders and equipment used to detect, monitor and treat patients affected by coronavirus (COVID-19).
The apex court bench, headed by Chief Justice Gulzar Ahmed, issued the written orders in the coronavirus suo motu case on Friday.
Apart from ordering a crackdown against hoarders of anti-virus medicines and equipment, the order states, “We direct the relevant regulatory authorities, enforcement agencies and respective health ministries of the federal as well as provincial governments to ensure availability of all requisite equipment used for detection, monitoring and treatment of the disease at reasonable prices.
“Ensure adequate and sufficient supply and availability of drugs, oxygen and equipment used in treatment of the disease at reasonable prices.”
The court noted that unscrupulous elements were hoarding anti-virus chemicals, lifesaving drugs and equipment used to detect, monitor and treat patients affected by Covid-19. Basic instruments like oximeters have disappeared from the market and are being sold at exorbitant prices. Likewise oxygen cylinders, which are necessary to save lives, have disappeared from the market and are being hoarded and sold at excessive prices. Effective steps have not been taken to remedy such illegal and unethical practices either at the federal or the provincial levels, the court noted.
Further, the order asked the Drug Regulatory Authority of Pakistan (Drap) for fast-track registration of drugs, which had already been registered in the USA and Europe and were used for the treatment of Covid-19, to facilitate import of such drugs if not manufactured locally and also facilitate local production under licence on fast-track basis.
The court directed the federal and provincial governments, ICT, government of Gilgit-Baltistan and Drap to submit a comprehensive report over the matter before the next date of hearing.
According to the order, reports had been filed by the National Disaster Management Authority (NDMA), the Plant Protection Department, ICT, governments of the Punjab, Sindh, K-P as well as G-B. “All these reports have been examined by us and are taken on record.”
It stated that the report submitted by NDMA lacks some particulars as it did not provide details of the import of machinery undertaken by Al-Hafeez Crystoplast (Pvt) Ltd for the manufacture of N-95 masks in Pakistan. Copy of LC and other import documents have not been filed. The airway bill shows that the value of the machinery had not been declared. It is not clear whether the machinery was imported by this company and if it was so, whether it paid any taxes and duties on the machinery, and for whom these N-95 masks were supplied. If the NDMA was the purchaser of N-95 masks produced by this company, then the NDMA could not have been the facilitator of this company for the import of machinery.
It added that the documents indicate that the NDMA itself chartered an aircraft for airlifting the machinery, as noted from the letter dated April 26, 2020 of NDMA filed as Annexure-II. Flight clearance was sought from the Chinese government through the Pakistan Embassy, and whether the facilitation provided to this company was also made available to other business entities in Pakistan by publication in newspapers, etc. No publication of this nature has been filed by the NDMA. It appears that this company has been favoured by NDMA for import of machinery for making of N-95 mask and then supplying the same to the NDMA. NDMA is directed to provide details of purchases of N-95 masks from this company or any third party and money paid to this company or its agents. Further, documents relating to payment of dues and taxes by the company may also be filed. The NDMA should also explain why this company was given special favour by it for import of the machinery. The source from which the money was paid for the purchase of machinery should also be disclosed.
Hearing of the case was adjourned for three weeks.
