ISLAMABAD, Jun 26 (APP):The Supreme Court (SC) on Friday issued a written order of the coronavirus suo-motu case in which it asked the Drug Regulatory Authority for fast track registration of drugs which had already been registered in USA and Europe and were used for treatment of Coronavirus (COVID-19) to facilitate import of such drugs if not manufactured locally and also facilitate local production under license 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 order, reports had been filed by the National Disaster Management Authority (NDMA), the Plant Protection Department, ICT, governments of the Punjab, Sindh and of KPK so also by government of Gilgit Bultistan. All these Reports have been examined by us and are taken on record.
It stated that the “Report submitted by NDMA lacks some particulars, in that, it did not provide details of the import of machinery undertaken by M/s 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 NDMA was the purchaser of N-95 Masks produced by this company than NDMA could not have been the facilitator of this company for the import of machinery.
The documents indicate that NDMA itself chartered an aircraft for airlifting the machinery, as noted from the letter dated 26.04.2020 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 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.
The court also noted that NDMA had sought approval from the Drug Regulatory Authority of Pakistan for import of unregistered drugs, i.e. 7000 vials of Remdesivir Injection for use of patients and the DRAP issued NoC on October 09.
The court order stated that as far as the question of locust was concerned, the report showed that NDMA was procuring aircrafts, equipment vehicles and chemicals/pesticides from abroad, and making all efforts to subdue to effect of locust in Pakistan and ensure that the crops were saved from damage.
The bench noted that four Beaver aircrafts which belong to the Plant Protection Department, were still not operational for the reason that pilots to fly them were not available. This was also stated on the last date of hearing.
Now, in the Report, it was mentioned that Ministry of Food Security had recruited pilots who were under training and would start operating the aircraft soon. Out of four Beaver Planes, three were meant to spray pesticides while one was retained for providing training to the pilots.
“The Attorney General is asked about the availability of trained and qualified pilots in Pakistan and the system for their certification and licensing.
His attention is drawn to the statement of the Minister of Aviation, yesterday made on the floor of the parliament that pilots flying planes in Pakistan have fake flying licenses. If that is true, we are shocked to learn that aircraft including commercial aircraft are allowed to be flown by pilots who have fake degrees and licenses. This poses serious danger to life and safety of citizens,” it added.
As far as the issuing of pilot licenses are concerned, it is the function of the Civil Aviation Authority. The Director General, Civil Aviation Authority is directed to appear before the court on the next date of hearing and explain why the Civil Aviation Authority had not traced fake pilot licenses and taken appropriate action in accordance with law.
It should also be explained how and why pilots with fake educational degrees or licences were being allowed to be employed by the airlines in Pakistan and operate passenger aircraft putting lives at risk, which is a serious offence under the law.
The court directed the DG CAA to submit a comprehensive report within two weeks giving details of:
i.Total number of Licenses issued;
ii.Total number of pilots in employment of PIA;
iii.Verification of degrees and licenses;
iv.How many pilots with fake degrees and/or licenses have been found; and
v.What action have been taken against them;
The court also summoned the CEOs of the Pakistan International Airlines, AirBlue and SereneAir to appear on the next date of hearing with an advance report regarding the present status of pilots verification of their educational degrees and pilot licenses from the Civil Aviation Authority.
The court asked the respondents to submit a list of pilots employed which should be accompanied by copies of their educational testimonials and licenses.
The bench also noted “the Sindh government has announced its budget for the year 2020-2021. It seems that it has not allocated any funds for the development schemes in the province generally and for the city of Karachi particularly. Instead it has made an allocation of about Rs 4 billion for purchase of luxury vehicles for the use of employees of the Sindh government.
We also note that the Sindh Government has made an allocation of about Rs 100 billion for non-development purposes in the said budget. In the absence of funds for allocation of new development schemes in the province and particularly in Karachi, the Sindh government has made an allocation of about Rs 4 billion for importing of luxury vehicles from abroad, like Double-Cabin Vigo and Parado.
We are at a loss to understand how and under what provision of law this has been done. The Sindh government already possesses large number of vehicles for its employees and vehicles are also available from various projects to those employees funded by foreign agencies.”
The Sindh government, in its report submitted before the court stated that it had no funds for payment of salaries to the sanitary staff of WASA/Hyderabad Development Authority (HDA) and that through a summary, approved by the chief minister, an amount of Rs 140 million had been approved for payment of salaries to the sanitary staff for the months of March and April, 2020.
For the payment of salary of seven months, another summary to the chief minister has been initiated and approved on 10.06.2020. It is further mentioned that for permanent solution of payment of salaries to the sanitary staff of the employees of HDA, the Board of directors of HDA in its last meeting had increased water charges by 20 % from all consumers.
In this state of affairs allocation of Rs 4 billion for purchase of luxury vehicles is a matter of grave concern.
The court noted that there was also hue and cry in the media regarding non-clearance of Gujjar Nala in Karachi. The start of monsoon season was seriously threatening the people of Karachi.
The drains in the city have not been cleaned which will lead to flooding and spread of diseases in the city. The city government claims that there were no funds to clean the drains. The Sindh government needs to arrange funds for cleaning of the drains to save citizens from hardship and disease during the Monsoon season.
The court was informed that, there was no supply of water to the people at their homes, and even electricity was in short supply necessitation long periods of load shedding. There were up to 18 hours’ load shedding of electricity in the city of Karachi and other cities of the province.
The province was being hit by a heat-wave and in the absence of electricity, the people had nothing on the basis of which they can survive at a human level. These extreme hardships were plying havoc with the lives of people and their right to life, which was a fundamental right was being denied to them.
In the circumstances, prima facie, the court find that the allocation of funds of about Rs 4 billion for importing of luxury vehicles is not justifiable looking at the ground realities prevailing in the Sindh.
The province needs to allocate funds in education, health, water-supply, infrastructure developments and safety of people. Thus, till the next date of haring we restrain the Government of Sindh from incurring from the budget, 2020-2021 expenses for the procurement of vehicles through import or local procurement, as noted above.
The court also asked the Advocates General of the Punjab, KPK and Baluchistan about allocation of funds in the budget 2020-2021, for procurement of vehicles.
They have made categorical statements that in the budget of the respective provinces for the year 2020-2021, no allocation of funds for procurement of vehicles had been made by the respective provinces and further, that they had allocated funds for the development schemes in the provinces.
The attorney general also informed that the federal government was preparing a uniform policy in consultation with the provinces for application across the country to deal with the COVID-19 epidemic, which also includes incentives, protective equipment and other facilities for the Doctors and other healthcare staff. The bench sought a comprehensive report in that regard.
The court also note that unscrupulous elements were hoarding anti-virus chemicals, life saving drugs and equipment used to detect, monitor and treat patients affected by Coronavirus (COVID-19). As basic instruments as 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 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. We therefore, direct the relevant regulatory authorities, enforcement agencies and respective health ministries of the federal as well as provincial Governments as follows:
(i)Strict action in accordance with law be taken against hoarders of anti-virus chemicals, life saving drugs, oxygen cylinders and equipment used to detect, monitor and treat patients affected by Coronavirus (COVID-19);
(ii) Ensure availability of all requisite equipment used for detection, monitoring and treatment of the disease at reasonable prices;
(iii)Ensure adequate and sufficient supply and availability of drugs, oxygen and equipment used in treatment of the disease at reasonable prices.
Hearing of the case was adjourned for three weeks.