ISLAMABAD: The Islamabad High Court (IHC) has issued notice to the Ministry of National Health Services (NHS) to reply to an allegation that the chief executive officer of the Drug Regulatory Authority of Pakistan (Drap) was appointed in violation of rules.

The CEO, Dr Mohammad Aslam, who has completed almost two years of his three-year-tenure, has also been asked by the court to justify his appointment.

However, Secretary NHS Ayub Sheikh claimed that the appointment was made by following the due process. Dr Aslam also said all the allegations made against him were baseless.

Mohammad Usman in his petition filed with the IHC through his counsel Khawaja Mohammad Farooq alleged that a number of violations were made in the appointment of the Drap chief.

Petition says Dr Mohammad Aslam was hired in violation of rules

The petition alleged that under section 18 of the Drap Act, no person could be appointed as the CEO, director or an employee of Drap if they had any financial or professional conflict of interest. At the time of appointment as the CEO, Dr Aslam was a shareholder in a pharmaceutical company, the petition added.

However, Dr Aslam said he had only 1,000 shares (worth Rs80,000) in the company which he later donated to the firm for the welfare of its employees. “Such a small number of shares cannot affect the policies of the management,” he maintained.

The petition also alleged that the charted accountant firm which had shortlisted five names for the post also worked as a partner of the company with which Dr Aslam worked.

However, Dr Aslam claimed that the firm worked for a number of pharmaceutical companies all over the country.

The petition said a drug court in Peshawar had punished the representatives of the company on February 26, 2001, for illegally increasing the prices of medicines. According to Section 34 of Drug Act and Section 28 of Drap Act, the directors and managers of any convicted company cannot be appointed as the head of Drap, it added.

Dr Aslam told Dawn that he was not working for the company which was convicted. He said his company only used to award contracts for manufacturing one or two medicines to the company which was convicted.

“I have been trying to address all issues in Drap but some elements are trying to remove me because they are not ready to ensure the quality of products. Moreover, I have made Drap a ‘patient-focused organisation.’ The registration of medicines is being improved besides enhancing the capacity of staff,” he said.

He said he was getting the support of World Health Organisation to address all the issues but some companies who could not improve the quality of medicines had been trying to create hurdles for him.

When contacted, Advocate Khawaja Mohammad Farooq told Dawn that the appointment was a sheer violation of the law and based on favoritism and nepotism.

“Justice Athar Minallah of the IHC has issued notices and if within two to three weeks comments are not submitted, I will file a petition to obtain a stay order against the CEO of Drap,” he said.

Secretary NHS Ayub Sheikh said the process of appointment was initiated according to rules and Dr Aslam was the most suitable candidate short listed by the chartered accountant firm.

“Not only the policy board of Drap but also the prime minister approved the appointment. We will file our comments to the court,” he said.

Drap has been established under the Drap Act 2012 to ensure the enforcement of the Drugs Act 1976 and bring harmony in interprovincial trade and commerce of therapeutic goods. The authority decides about the prices of medicines and takes action against substandard drugs.

Published in Dawn, October 14th, 2016