Non-fixing of corona vaccines price despite undertaking: SHC issues show cause notices to officials

KARACHI: Sindh High Court (SHC) on Tuesday took exception over non-fixation of COVID-19 vaccination prices by the federal government and issued show cause notices to secretary Cabinet Division, secretary health and chief executive officer (CEO) of Drug Regulatory Authority of Pakistan (DRAP) for not complying the court directives.

Hearing lawsuit of a pharma company against drug regulatory authority’s notification with regard to withdrawal of exemption in COVID-19 vaccines import to the extent of 1 million doses of Sputnik-V, SHC’s single bench headed by Justice Nadeem Akhtar inquired federal law officer about the fixation of COVID-19 vaccines price by the DRAP as undertook by the federal government on previous hearing.

Federal law officer and DRAP’s assistant director legal submitted that price of the subject vaccine has not been fixed yet by the federal cabinet, however, the approval of maximum retail prices of COVID-19 vaccine is on the cabinet meeting on April 27.

The court observed that federal government’s law officer had given undertaking before the court on April 12 that vaccine price shall be fixed by the federal government within ten days whereas it was also assured before the court on April 1 that price will be fixed within 7 days.

The court observed that statements and copies of correspondence filed today on behalf of federal government clearly shows that they have committed breach of undertaking given before division bench and this court. The court issued show cause notices to secretary Cabinet Division, secretary health and CEO DRAP to reply as why proceedings should not be initiated against them for committing deliberate and willful breach of undertakings.

The court also proposed issues with regard to legality of the government’s notification about withdrawal of exemption in COVID-19 vaccines import and directed counsel to argue on the issues on May 20.

It is pertinent to mention that DRAP had filed an application against selling of vaccines in the country prior fixing of the price by the federal government. The court, however, observed that any restriction relating to the sale of COVID-19 vaccine would be against public interest because of its undisputed urgent need due to the crisis being currently faced by the country.

The court observed that the question whether exemption granted to the COVID-19 vaccine could be rescinded or not being the main issue in the case which shall be decided when the main case come up of hearing. The court, however, observed that if the court comes on conclusion that subject vaccine ought to have been sold by the pharma company at the price determined by the federal government the excess amount if any received by the plaintiff can be recovered from it as all the details such as number of ampules imported and sold by the plaintiff and price can easily be obtained.

The SHC had earlier suspended the drug regulatory authority’s notification with regard to withdrawal of exemption in COVID-19 vaccines import to the extent of plaintiff’s company import of 1 million doses of Sputnik-V.