KARACHI: A provincial law officer has sought time from the Sindh High Court to file comments on two identical petitions filed against the bidding process for controversial procurement of robotic surgical systems for the Liaquat University Hospital, Hyderabad.

Citing the chief secretary, health secretary, two private firms and others as respondents, the petitioner alleged that they had embezzled government funds through illegal and irregular contracts allegedly awarded for supply of robotic surgical items/goods at inflated prices as compared to the prevailing market prices.

Earlier, the SHC had issued notices to the respondents as well as a provincial law officers on both the petitions with direction to file comments.

When the matter came up for hearing before a two-judge bench headed by Justice Arshad Hussain Khan, a provincial law officer asked the bench to grant more time to file comments on behalf of the official respondents. Subsequently, the hearing was adjourned till Aug 9.

SHC adjourns hearing to the second week of this month

Khawar Mehmood Afridi filed both the petitions and submitted that he moved the SHC in the larger public interest as he was intending to protect the rights of public including money paid by the people in the form of taxes.

He also cited M/s Ontech Corporation, Markham Finisher FEZ, Sindh Public Procurement Regularity Authority, State Bank of Pakistan as respondents and contended that the cost of the subject robotic surgical system was very low as compared to the tender offered by the alleged successful bidder.

Representing the petitioner, Advocate Asim Iqbal argued that the item having a value shown in the import papers as $37,500 per piece was intended to be purchased by the Sindh government at a cost of more than $1.5 million and thus the supplier was intending to earn a profit of more than 1,500 per cent.

He contended that in 2022-23, the same robotic system was purchased for the Jinnah Postgraduate Medical Centre and the technical evaluation report clearly spelled out that an illegal, unwarranted, and unjustified exercise was conducted.

The counsel also submitted that earlier, the provincial government had approved billions of rupees for procurement of four robotic surgical systems for JPMC, Liaquat University Hospital in Hyderabad and the Gambat Institute of Medical Sciences, but the same was stopped by then caretaker health minister Dr Saad Khalid Niaz on the ground that the funds were required for more pressing health needs.

He submitted that as per the public procurement rules, the authority had to invite international tender for products for services not normally available in Pakistan.

The lawyer submitted that the impugned process was in contravention to the Public Procurement Rules 2010 and there were various judgments of the apex court about the need for accountability, transparency, and the proper utilisation of public funds in government procurement processes.

The petitioner pleaded for cancelation of the entire process of tender for procurement of the robotic surgical system and to call reports about previous tenders in respect of the robotic surgical machines floated by the provincial government.

He also sought directives for the official respondents to purchase essential machinery and equipment for upgrade of various medical facilities.

Published in Dawn, August 1st, 2024