KARACHI: A division bench of Sindh High Court on Wednesday directed a single-judge bench to decide a matter regarding an interim stay order against withdrawal of exemption notification issued by the Drug Regulatory Authority of Pakistan (Drap) about Covid-19 vaccine import by a company.

The federal authorities have filed an appeal before a division bench of SHC against an interim order of a single-judge bench for suspending a notification of Drap about withdrawal of exemption in Covid-19 vaccines import to a private pharma company.

After hearing both sides, the two-judge bench headed by Justice Mohammad Ali Mazhar observed that since the matter required urgent attention, the appeal was being disposed of with directions to the single-judge bench to decide the injunction application within 10 days after hearing the parties.

During the arguments, the division bench was informed that Drap had rescinded its earlier notification issued on Feb 2, under which it exempted the import of Covid-19 vaccine for sale in hospitals and institutions for a period of six months or till the market prices of those vaccines become available.

CCI meeting to announce final result of census rescheduled for April 7

It was further argued that thus the firm entered into a vaccine supply agreement with a foreign seller/exporter for the import of one million doses of Covid-19 vaccine (Sputnik-V) at the rate of $45 per unit and the vaccine doses have already arrived at Karachi, but the impugned notification was withdrawn.

On March 25, a single-judge bench of SHC had suspended the operation of the impugned notification to the extent of the vaccine through an interim order on a lawsuit of the firm.

The additional attorney along with other law officers and counsel for appellants argued that Drap after withdrawing the exemption notification had not fixed the prices for the Covid-19 vaccine and the matter was pending and without fixation of the prices the sale of the said vaccine would be illegal.

They maintained that Drap will fix the price of vaccine within a week and file progress report before the single bench.

They further contended that due to non-compliance with the ad-interim order of single bench, a contempt application had already been moved and notices had been issued to the alleged contemnors for April 1.

However, the bench asked them that how the appeal was maintainable against an ad-interim order and why they were not raising all the pleas before the single-judge bench.

The lawyers for the pharma company argued that on the basis of such exemption the firm entered into an agreement and when the consignment reached Karachi Port, they had abruptly withdrawn the notification which was unjustified.

About the contention of counsel for appellants that the firm should be restrained from selling the vaccine before fixation of prices, the counsel for the firm argued that despite issuing the lot release certificate, the federal drug inspector at Karachi was not signing the relevant documents, thus at this juncture the sale of vaccine was not possible unless this exercise was completed.

Final census result

A federal law officer on Wednesday informed the same bench that since the prime minister was suffering from Covid-19, a meeting of Council of Common Interests scheduled for March 24 to announce the final result of census-2017 has been rescheduled for April 7.

The assistant attorney general further said that the CCI in its meeting will discuss the issue of final result of census and the minutes of the meeting will be submitted in next hearing.

The bench adjourned the hearing till April 14 with direction to AAG to file minutes of the meeting.

The Muttahida Qaumi Movement-Pakistan had approached the SHC against delimitation of local government jurisdictions in the province without final results of the population census.

Published in Dawn, April 1st, 2021