ISLAMABAD: The Ministry of National Health Service (NHS) is considering obtaining a stay order to ensure the chief executive officer of the Drug Regulatory Authority of Pakistan (Drap), Dr Mohammad Aslam remains on his post.

NHS Additional Secretary Hashim Popalzai said the ministry will take a final decision in this regard on Monday, that the ministry had played a major role in Dr Aslam’s appointment which is why it should seek a stay order and that legal opinion was being sought in this regard.

Meanwhile, a number of rumours regarding who will be given acting charge as Drap CEO had spread since the Islamabad High Court (IHC) declared Dr Aslam’s appointment illegal on April 14. The IHC had also ordered the government to appoint a new CEO in 45 days.

Though Dr Aslam’s appointment was declared ab ignition, i.e. null from the date of appointment, all the decisions made during his tenure were protected.

According to the judgement, which is available with Dawn, Justice Athar Minallah declared the appointment in violation of the qualifications and criteria prescribed under the Drap Act 2012.

IHC had declared Dr Aslam’s appointment illegal on April 14 and ordered government to appoint new head in 45 days

The judgement was announced on two separate writ petitions filed by Mirza Abdul Rehman in March 2015 and Mohammad Usman in October 2016 which questioned if Dr Aslam was over age when he was appointed and if his holding shares in a pharmaceutical company is a conflict of interest.

A Drap official said a debate had started over who would be appointed CEO next since the CEO did not have a deputy.

“We have two directors in the authority, Director Pricing Aman Ullah and Director Pharmaco Vigilance Sheikh Asar, and the acting charge could be given to either one of them or to Additional Secretary Hashim Popalzai or Director General Asad Hafeez as both are doctors,” he said.

A senior official at the NHS ministry said the post of Drap CEO is equal to BPS 22 which means the additional secretary and the DG will not be appointed acting head.

“I think it will be controlled directly by NHS Secretary Ayub Sheikh, who was going on leave but resumed charge on Monday after the development on Saturday.

Talking to Dawn, Dr Aslam said obtaining a stay order was his right and that he was getting legal advice on the matter.

“I could either file a direct intra-court appeal in the IHC or file an appeal in the Supreme Court for a stay order,” he said, adding that it was decided that the ministry, Drap and him will file a petition for a stay order as soon as possible.

Additional Secretary Hashim Popalzai told Dawn a meeting will be held on Monday to decide on the matter.

Published in Dawn, April 17th, 2017