ISLAMABAD: The Supreme Court cautioned the government on Monday to realise the seriousness of the death of heart patients in Lahore caused by counterfeit medicines provided to them by the Punjab Institute of Cardiology and set up a long overdue drugs regulatory authority within 10 days.

“Come what may we want formation of the drugs regulatory authority,” said a three-judge bench comprising Justice Tassaduq Hussain Jillani, Justice Anwar Zaheer Jamali and Justice Mian Saqib Nisar. The bench had taken up a suo motu notice of the matter.

The formation of the authority has been in limbo for over a year because of a row between the centre and the Punjab government reportedly over its composition after the devolution of the health sector to the provinces under the 18th Amendment. The DRA will ensure effective enforcement of the Drugs Act of 1976 dealing with regulation of import, export, manufacture and sale of drugs.

Punjab’s Health Secretary Arif Nadeem informed the Supreme Court that the only dispute the provincial government had with the centre was over the composition and function of the authority, although he conceded that the DRA had to be enacted by the federal government.

The court also asked Advocate General of Punjab (AGP) Ashtar Ausaf to convey to the provincial chief executive (Shahbaz Sharif) concerns of the court. “Tell him to use his wisdom and take the matter earnestly, otherwise the court will note why and who is responsible for the delay,” Justice Jillani observed. He said the court was deliberately exercising restraint.

The AGP said he was conscious about the seriousness of the matter and would convey the Supreme Court’s concern over the delay in formation of the authority. He assured the court the authority would be set up within 10 days.

Attorney General Maulvi Anwarul Haq assured the apex court that the federal government would take steps to complete the consultative process with the provinces in the shortest possible time.

The court directed its office to send copies of the order to the chief secretaries of Sindh, Khyber Pakhtunkhwa and Balochistan for apprising their chief executives of the anxiety of the court and ensuring formation of the authority before the deadline.

The SC was bitter over a knee-jerk response by the Federal Investigation Agency, which in its zeal arrested the owners of three pharmaceutical companies -- Chaudhry Muhammad Waseem, Chaudhry Nadir Khan and Dr M. Tahir Azam -- and sealed one of the factories on a letter issued by the Director of Interior Ministry’s National Crisis Management Cell, Farid Ahmed Khan, without waiting for results from drug-testing laboratories of the seized medicines.

The bench was informed that the test results received from the United Kingdom Medicine Regulatory Agency and two drug-testing laboratories in Karachi and Lahore had suggested that except for Karachi’s Efroze Chemicals, two of the three companies sealed in Lahore had not committed any wrongdoing.

The AGP said autopsy on some patients had suggested that Isotab (20mg) manufactured by Efroze caused their deaths. The results also found medicine Alphagray manufactured by Lahore’s Alfalah Pharma as sub-substandard while Solprin and Cardiovastin by Pharma Wise Laboratories and Mega Pharma (Pvt) Ltd in Lahore had passed the prescribed standards.

The FIA’s Director (Legal), Muhammad Azam Khan, assured the court that the investigating officer who had conducted the raid would recommend quashing the cases registered against the two companies.

The court ordered the Punjab government to issue a press release and write letters to the two companies to ensure that lawful business was not impeded in any manner.

“Five countries, according to some reports, have stopped importing drugs from Pakistan after the incident,” the court deplored. “Who will make up the losses,” Justice Jillani said, adding that these factories were employing poor people and earning foreign exchange.

The court directed the Punjab government to include the names of DIG Investigations and District Public Prosecutor of Lahore, Sheikh Saeed Ahmed, in the investigation team, which is headed by DIG Elite Force Zulfikar Cheema.

The Supreme Court will take up the matter on Feb 17.