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Published 11 Apr, 2008 12:00am

Miscarriage prevention: IHC retains stay on drug production

ISLAMABAD, April 10: Islamabad High Court here Thursday retained stay on manufacturing and marketing of a miscarriage prevention drug and adjourned hearing of the case till April 14.

A single bench comprising Justice Syed Qalbe Hassan heard the writ petition filed by Highnoon Pharmaceutical Company against a decision of Drug Appellate Board of the Ministry of Health.

Raja Mohammad Akram, counsel for the petitioner, informed the court that a drug Derogest was introduced in the market by Zafa Pharmaceutical company to prevent miscarriage in pregnant women after approval by the Drug Licensing Board. But after two years on various complaints about its ineffectiveness the same Board imposed a ban on manufacturing and marketing of the same drug.

He said that Zafa company took the matter to Drug Appellate Board of the Health Ministry which lifted the ban.

He argued that under section 2 and 3 of the Drug Appellate Board Act, it was required that all the members of the board should unanimously decide the issue but it was decided by one man.

He contended that the secretary was a non-technical person and he was not competent to revoke a ban imposed by Drug Licensing Board without approval of all its 17 members.

Akram also cited Pio Gul case of 1960 decided by the Supreme Court.

Advocates Zulfiqar Naqvi and Shamshadullah, representing the respondents said that the secretary had full authority to pass any order.

They cited various sections of Drug Appellate Board and termed it a professional tussle between the two pharmaceutical companies.

After hearing their arguments, Justice Syed Qalbe Hassan adjourned the hearing till Monday by retaining its previous stay on the production of the drug.

A single bench comprising Chief Justice Sardar Mohammad Aslam has sought written reply from Director-General Health about its jurisdiction within 15 days.

He issued these directions after hearing a writ petition filed by a drug manufacturing company of Lahore against lodging of an FIR by the Drug Inspector Lahore upon DG’s instructions.

Poll pleas hearing adjourned: A division bench of the Islamabad High Court here Thursday adjourned hearing of two polls petitions about alleged rigging on NA-203 Shikarpur-II and PP-60 Faisalabad for April 17.

The division bench comprising Justice Mohammad Munir Paracha and Justice Syed Qalbe Hassan, heard the two petitions separately.

In the first writ petition over polls results of NA-203 Shikrapur II, filed by Wahid Khan Bakhsh of PPP through Advocate Dr Babar Awan, Justice Mohammad Munir Paracha informed him that they would hear the case after a decision by a larger bench of Supreme Court over IHC jurisdiction on election matters.

Justice Mohammad Munir Paracha suggested that in the meanwhile he should file an appeal with Election Tribunal to save himself from time bar.

In his writ petition, Wahid had alleged that massive rigging was done as evident from the turnout percentage which exceeded even hundred per cent.

Ghaus Bakhsh of PML-Q had won the elections.

The other petition relating to PP-60 Faisalabad in which Chaudhry Khalid Mehmood Khan of PML-Q was represented by Rai Mohammad Nawaz Kharal.

Sheikh Nawaz, Section Officer of ECP, appeared before the court and submitted a record.

The bench directed ECP to submit written replies till April 14 over the matter.

The petitioner had prayed that the returning officer of PP-60 on February 20, issued a revised result list, showing a difference of 1,000 votes.—APP

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