Unlawful Appointment of DRAP CEO & illegal Medicine Price hike can Lead Prime Minister to Disqualification
Illegal Appointment of DRAP CEO & unlawful Medicine Price hike raising questions on Qualifications of PRIME MINISTER.
BY: MOHAMMAD IMRAN KHAN – CEO PAKISTAN PRESS CLUB
The removal of chief executive officer of Drug Regulatory Authority of Pakistan (DRAP) is the need of time as Appointment of Dr Muhammad Aslam as CEO DRAP is a shamefully pathetic, illegal and unlawful.
The first full time chief executive officer (CEO) for the Drug Regulatory Authority of Pakistan (DRAP), which was being run on the Ad hoc basis for the last two years, was appointed on Friday 6th February 2015 but unfortunately this appointment was illegal and mala fide.
The Establishment Division issued a notification, appointing Dr Muhammad Aslam, who has a doctorate in pharmacy, as the new CEO on a three-year contract. However, according to sources, the contract may be extended for another year.
The Establishment Division issued a notification, which was the intentional dishonest act by not fulfilling legal or contractual obligations, misleading nation, entering into an agreement violating basic standards of honesty in dealing with Nation as Dr Muhammad Aslam is a convicted person by Drug Court Peshawar.
Appointment letter of Dr Muhammad Aslam as CEO DRAP is a shamefully pathetic document. It shows the overall incompetence of extremely corrupt Pakistani ruling elite. It shows the incompetence of those who drafted it, those who signed it, those who benefited from it, those who took it to the floor to the PM house and those who have rushed to appoint a convicted criminal as King of Drug Mafia.
Drug Regulatory Authority of Pakistan (DRAP) is no more the health regulator; it’s becoming the protector of Drug mafia in Pakistan.
While this tango of Appointment of Dr Muhammad Aslam as CEO DRAP is going on between distinctive partners in crime at unusual floors in Pakistan, Dubai and London, the people of Pakistan are restlessly dealing with their day to day drug price hike.
The removal of chief executive officer of Drug Regulatory Authority of Pakistan (DRAP) is the need of time as Appointment of Dr Muhammad Aslam as CEO DRAP is a shamefully pathetic, illegal and unlawful.
Ministry of the National Health Services (NHS) policy board has approved a gross salary of Rs1.2 million per month for Dr Aslam and an annual increment of Rs75, 000. He will receive travel expenses equal to a Management Position (MP) I officer, But Dr Muhammad Aslam earning millions as CEO DRAP illegally by helping favorite Pharma companies for approval of products, registrations of drugs, price hike and enlistment of herbal / homeo companies.
Dr Aslam is a criminal-minded person and since his appointment hundreds of life-saving medicines were missing in the market, which were sold by black marketers, hence, putting the lives of millions of Pakistanis at stake.
Pharmaceutical company – Efroze Group, which was allegedly involved in the killing of more than 250 patients in Punjab Institute of Cardiology in 2012, approached the high ups of Health Ministry and offered a bribe to repair its past. “The deal was so intelligently knitted that they got Muhammad Aslam appointed as Drug Regulatory Authority of Pakistan’s chief,”
Muhammad Aslam not only managed to replace all files of Efroze Group but also managed to increase medicines’ price without government’s approval.
Muhammad Aslam is still a partner of Otsuka Pharma Limited, which is a company of Efroze Group of Pharmaceutical Companies.
Under Section 18 of Drug Regulatory Authority of Pakistan Act 2012, Muhammad Aslam cannot be appointed as DRAP chief, as he is still a partner of Otsuka Pharma. As per law, no person shall be appointed as CEO, director, consultant, adviser, officer or employee of the authority if he or she has any financial or professional conflict of interest.
“No person shall be the member of the board or director if he has immediate family members (parent, child, sibling or spouse) as senior officials or owners of concerns dealing in therapeutic goods.”
Otsuka Pharma has been convicted under Section 23/27 of Drugs Act 1976 by Drug Court, Peshawar. Under Section 28 of Drug Regulatory Authority of Pakistan Act 2012 Muhammad Aslam was also convicted, and he could not enjoy any government post.
Drug Regulatory Authority of Pakistan was established under the DRAP Act 2012 to provide effective coordination and enforcement of the Drugs Act 1976 and to bring harmony in inter-provincial trade and commerce of therapeutic goods. But from the day one DRAP is failed to safeguard the poor Pakistani patients as DRUG PRICES ARE ON HIKE.
The act clearly states that the acting CEO may serve for over three months, but the authority was functioning under acting CEOs for over two years just because Higher-ups were looking for a genuine partner for their crimes.
The post of the CEO was advertised three times, but hiring could not be done. The current government hired Ferguson, a chartered accountancy firm, to receive applications and shortlist candidates just because the Director of Ferguson Mr Salman has close ties to Minister responsible & also with the owners of Efroze Group of Pharmaceutical Companies.
An NHS ministry official, requesting anonymity, said four candidates from the public sector — Dr Tanveer Alam, deputy director general (DDG) DRAP Karachi, Dr Sheikh Akhtar Hussain DDG DRAP Lahore and Khalid Khan drug analyst Khyber Pakhtunkhwa and Dr Abdul Rasheed DDG DRAP Islamabad — were shortlisted.
Two candidates from the private sector, Dr Ahson Siddiqui and Dr Muhammad Aslam, were also on the list.
“However, names of four government officers were dropped because the minister wants more power into her hands,” he said.
“From the two names, the prime minister selected Dr Muhammad Aslam,” he added.
NHS Secretary Ayub Sheikh confirmed the gross salary for the chief executive officer DRAP Dr Aslam.
In response to a question, the secretary said he never knew about the conviction of Dr Aslam.
However, a Health ministry official requesting anonymity, said DRAP faces a big challenge in dealing with corrupt mafias involved in leasing buildings, giving licenses for medicines and fixing drug prices.
“As Dr Aslam is from the private sector, it will take him some time to understand the issues at DRAP. It is feared that he is manipulated by the mafia,” he said.
“Moreover, as a pharmacist, he is facing pressures from the pharmacists’ lobby. conversely, the appointment of a permanent head is a positive development,” the official said.
Dr Aslam told that he had 30 years of experience in the national and multinational pharmaceutical industry. “I aim to ensure patients get quality drugs at reasonable prices,” he said, adding, “I will deal with the issue of inferior drugs in the market.”
In response of a question about his conviction, Dr Aslam was silent & was not ready to comment about his conviction by the court of law.
He said he saw potential in Pakistan’s pharmaceutical industry and if quality was improved, Pakistani drugs could be exported.
Rise in drug prices adds to miseries
Over half a dozen multinational pharmaceutical companies have increased the prices of medicines by up to 50 per cent over the last one month without seeking approval from the Drug Regulatory Authority of Pakistan (Drap), thereby compounding problems of poor patients who are already suffering in the wake of high cost of drugs. It is the second rise in medicines’ prices in the endmost two years or so as the multinational firms earlier increased the drug prices by 15pc in 2013, as well. The MNCs’ unilateral decision of increasing prices of medicines will encourage local pharmaceutical firms to follow the suit.
The prices of medicines which have been skyrocketed include those used in the treatment of blood pressure, diabetes, cardiac diseases, cough, flue, fever, weakness and some of them are prescribed to women during pregnancy, besides some painkillers. The pharmaceutical companies’ latest move of increasing prices has also created the shortage of medicines as, according to market sources, some pharmaceutical firms are retrieving unsold stocks from wholesalers for updating the prices.
In fact, the government continues to show indifference towards the betterment of the ordinary citizen. The recent price hike in medicines proves this.
This huge rise in the prices will increase the problems of the common people manifold. This is one of the reasons why so many in the country prefer to consult hakeems and homeopathic doctors as they cannot afford allopathic treatment.
How can an ordinary citizen, who is the only breadwinner of his family and earns Rs15, 000 a month, bear the cost of expensive medicines as well as deal with the costs of necessary items of daily use? Drug prices in Sindh have soared after an official 15 percent price increase by multinationals has led to a shortage of supplies. The price of some medicines is reported to have gone up by 70 percent as pharma manufacturers and sellers are fleecing patients.
The price hike in medicines led to opposition senators walking out of the Senate, and the situation has been made even worse by the ineffective action taken by the federal government and the Drug Regulatory Authority Pakistan (Drap). While Health Minister Saira Tarar has taken notice of the matter, there has been a little change at the ground.
This has raised questions over whether the federal government should have charge over regulating drug prices. The regulation of drugs and their prices was one of the more controversial subjects after the 18th amendment omitted ‘Drugs and medicines from the concurrent list.
Drap was created as a compromise between provinces as the federal government retained control of regulating medicines. The authority has come under criticism from Sindh Chief Minister for being unable to control medicine/drug prices. The Sindh CM has expressed his helplessness on taking action on the matter as the subject remained within the control of the federal government.
Can provinces do a better job of regulating drug prices? The answer is unclear. The current price increase has not been approved by the federal government. Instead, it is the product of a tussle between the federal government and the Pharma industry. In 2014, the health minister promised that drug prices would not be increased before July 2016 via the Drug Pricing Policy 2015. The Pakistan Pharma Manufacturers Association challenged the price freeze in the Sindh High Court. It was only after the SHC suspended the freeze on drug prices in 2015, that multinationals used the SHC verdict to defy the government’s directive to push prices up.
Will individual provinces be able to put up more resistance? That seems rather unlikely. Instead, the SHC verdict – which has cited free market logic – leaves everyone in a situation where trying to implement price controls on drugs goes against court orders.
While Pakistan’s Pharma industry has been vocal in asking for deregulation, the fact is that the prices of medicine in Pakistan are already twice as high as other regional countries.
Senate Chairman has questioned whether the SC can be allowed to ‘protect’ drug cartels. Drap had been trying to get big Pharma to agree to a major decrease in drug prices when the price hike was announced. Individual provinces would probably have less leverage with pharmaceutical companies than the federal government. The threat of suspending the licence of Pharma marketing companies poses its own challenge as it would merely heighten the drug shortage, in turn pushing prices further up. The question, then, is not whether the federal or provincial governments have the power to regulate drug prices. Instead, it is what mechanisms can be put in place to control prices. Right now, the government is in a difficult position. One would demand of the federal government to compel the MNCs to withdraw the recent increase on medicines’ prices. One also appeal to the Supreme Court to take suo moto notice of the price hike. Condemning the hike in medicine prices, one would also demand of the government to waive general sales tax on medicines.
One would also urge the multinational pharmaceutical firms to reduce the prices of medicines so that poor patients might not suffer on account of high cost of medicines.
Actually, the increase in the prices of drugs has put the focus back on the remarkable laxity and leisure that characterizes the crucial area of health in Pakistan.
Pakistan Press Club Appeals To the Chief Justice of Pakistan for Suo motu action about unlawful appointment of DRAP CEO & DRUG PRICE HIKE.
Prime Minister is requested to Immediately Remove Muhammad Aslam from the Position of DRAP Chief Executive Officer as No convicted person can be appointed as CEO of National Health regulator & this illegal appointment is raising questions on Qualifications of prime minister as well.
This type of illegal appointments can lead prime minister to Disqualifications for membership of Majlis-e-Shoora (Parliament) as per wordings clearly written into the constitution of Pakistan Part III: The Federation of Pakistan, Chapter 2: Majlis-e-Shoora (Parliament).
Illegal Appointment of DRAP CEO can Lead Prime Minister to Disqualification.
I must quote here historic judgment of Supreme Court of Pakistan, which is decorating Pakistan’s legacy about supremacy of law:
IN THE SUPREME COURT OF PAKISTAN hearing Const. Petition No.40 of 2012 & CMA No.2494/12 – Mr. Justice Iftikhar Muhammad Chaudhry, HCJ. With Mr. Justice Jawwad S. Khawaja & Mr. Justice Khilji Arif Hussain issued historic verdict:
As a Bench of 7 Hon’ble Judges vide judgment dated 26.04.2012 followed by the detailed reasons released on 08.05.2012 has found Syed Yousaf Raza Gillani guilty of the contempt of Court under Article 204(2) of the Constitution of the Islamic Republic of Pakistan, 1973 read with section 3 of the Contempt of Court Ordinance, 2003 and sentenced him to undergo imprisonment till rising of the Court under section 5 of the said Ordinance, and since no appeal was filed against this judgment, the conviction has attained finality. Therefore, Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament) in terms of Article 63(1)(g) of the Constitution on and from the date and time of pronouncement of the judgment of this Court dated 26.04.2012 with all consequences, i.e. he has also ceased to be the Prime Minister of Pakistan with effect from the said date and the office of the Prime Minister shall be deemed to be vacant accordingly; The Election Commission of Pakistan is required to issue notification of disqualification of Syed Yousaf Raza Gillani from being a member of the Majlis-e-Shoora w.e.f. 26.4.2012;
The President of Pakistan is required to take necessary steps under the Constitution to ensure continuation of the democratic process through parliamentary system of government in the country.
Prime Minister Must act immediately as per The Removal from Service (Special Powers) Ordinance, 2000 which describe Removal From Service as a Result of Conviction in Court of Law
[3A. Procedure in case of conviction by a court of law.– (1) Where a person in Government service or in Corporation Service on conviction by a court of law is sentenced to imprisonment or fine, the competent authority shall examine the facts and the grounds on which the order convicting such person was passed by a court of law.
(2) Where on examination the competent authority finds that order of imprisonment or fine is based on–
(a) establishment charges of corruption or moral turpitude it shall pass order of dismissal from service of the delinquent person in Government service or incorporation service to be effective from the date of his conviction by a court of law; and
(b) charges other than corruption or moral turpitude it may, in the light of the facts and circumstances of the case, decide as to whether it is a fit case for taking departmental action under this Ordinance and if it so decides it may, subject to the provisions of sub-section (2) of section 3, impose any penalty authorized by this Ordinance as it may deem fit in the circumstances of the case].
The people of Pakistan have many options:
They can leave the things the way they are and continue suffering, continue struggling with their day to day problems, and continue watching their alien rulers’ shameful political games.
Or they can make up their minds and start a new decisive battle against the incompetent, corrupt and out of control ruling elite.
Wasn’t it enough of the corruption that the members of ruling elite allow price hike to earn money and to kill poor?
These corrupt members of ruling elite are dealing with one set of their crimes through official posts & started new projects to commit more corruption.
Hundreds of stories of corruption are circulating in Islamabad and Karachi. No one is there to question them, investigate them, arrest them and try them for new corruption charges.
Nobody can buy medicine in Pakistan any longer, But DRAP CEO purchased an exceptionally lavish car worth more than 5 million within first four months after his appointment.
The people of Pakistan have to think, and they need to think it hard, do these people deserve to be their rulers or regulators?
If these members of ruling elite continue committing crimes against their people why the people of Pakistan are not taking them to task? Why the people of Pakistan are simply looking the other way, and letting them commit these crimes?
The people of Pakistan must know that they do have the option and the right to continue replacing their rulers by any means until the system is cleaned, and the right people start emerging as leaders.
Conflict of Interest
European Medicines Agency tightens conflict of interest rules for its expert advisers!
Europe’s medicines safety regulator has tightened its conflict of interest rules for scientific committee members and expert advisers in an updated policy.
New rules stipulate that European Medicines Agency (EMA) committee members who announce their intention to work for a pharmaceutical company must immediately cease to be involved in the evaluation of medicines. Previously, the rules were less stringent in the period between declaring the intention to start a new role and beginning employment.
“The effective management of conflicts of interests is key to ensuring the independence and integrity of the agency’s scientific recommendations,” says Noël Wathion, EMA’s chief policy adviser.
Members of the EMA’s committees — such as the Committee on Medicinal Products for Human Use — are nominated by national competent authorities in the EU, such as the UK’s Medicines and Healthcare products Regulatory Agency. As such, the EMA cannot remove the member from the committee. It can, however, restrict what the member can do in that role. If a member takes up employment with a pharmaceutical company, the nationally competent authority will often nominate a new candidate for the committee.When Pakistani Drug Regulator will adopt these fair polices?
Proof’s of Conviction of DRAP CEO Muhammad Aslam & His Company Otsuka Pharma!
Here are Proof’s of Conviction of DRAP CEO Muhammad Aslam & His Company Otsuka Pharma with us, if anyone wants to see, come in court and we will show!
The removal of chief executive officer of Drug Regulatory Authority of Pakistan (DRAP) is the need of time as Appointment of Dr Muhammad Aslam as CEO DRAP is a shamefully pathetic, illegal and unlawful.
