Mammography machines contract: PHC bars govt from taking action against supplier

PESHAWAR: The Peshawar High Court (PHC) on Tuesday restrained the provincial government and the Khyber Pakhtunkhwa Public Procurement Regulatory Authority from taking any adverse action against the international firm Fujifilm, which had been awarded a contract for the supply of mammography machines used for breast cancer diagnosis.

A two-member bench comprising Justice Waqar Ahmad and Justice Farah Jamshed heard the petition challenging the cancellation of the contract. Advocate Shumail Ahmad Butt appeared on behalf of the petitioner and informed the court that the contract for the supply of mammography machines was awarded to Fujifilm on March 11, 2025. The lawyer said that the machines were used for the early detection of breast cancer and the company was globally recognized for its quality medical imaging equipment.

The counsel argued that Fujifilm, an international brand, had obtained approvals from the United States Food and Drug Administration (FDA) and Japan’s Ministry of Health, Labour and Welfare (MHWL). The company had also submitted the most competitive financial bid after passing the technical evaluation process, he added.

Despite this, a rival local dealer - who intended to supply the same machines at a cost at least Rs40 million higher - allegedly filed baseless complaints against Fujifilm. The government had initially issued a purchase order to Fujifilm, recognizing it as the successful bidder, following which the company submitted a bank guarantee and began the shipment of machines from Japan, the lawyer added.

However, he said that the rival firm lodged an appeal before the Khyber Pakhtunkhwa Public Procurement Regulatory Authority.According to the petitioner, a technical expert with no relevant experience in mammography machines recommended Fujifilm’s disqualification on the grounds of lacking FDA approval - a claim refuted by the existing record.

Advocate Butt told the court that without granting a fair hearing to Fujifilm, the procurement authority passed an adverse decision on April 18, 2025. He contended that the authority’s actions lacked legal justification and violated Article 10-A of the Constitution, which ensured the right to a fair trial. As a result, the timely delivery of critical diagnostic equipment to northern and southern districts of Khyber Pakhtunkhwa was disrupted.

After hearing the arguments, the PHC directed the authorities concerned to submit their replies and barred the procurement authority from taking any further action against Fujifilm until the next hearing.