DRAP high-up’s willful failure to obey Supreme Court orders is clearly contempt of court
By: Yasir Khan – Health Reporter – Islamabad
ISLAMABAD: On the order of the Supreme Court, the Ministry of National Health Services (NHS) has started the process of appointments in the Drug Regulatory Authority of Pakistan (DRAP) by advertising 192 posts.
DRAP advertised for the posts three times but failed to finalize any appointment except CEO.
In the wake of media reports on conflicts of interest in medicine industry, health regulator DRAP is facing increasing pressure from government agencies and non-government watchdog groups to manage, reduce and eliminate conflicts that could lead to bias in patient care and research. This article will review recent efforts to increase transparency in relationships between health regulator DRAP and the pharmaceutical, herbal and device industries, and discuss some of the challenges facing DRAP in identifying and reporting conflicts of interest (COIs).
A bench of the Supreme Court headed by Chief Justice Nasirul Mulk closed a lengthy suo motu hearing on the tangled affairs of DRAP on April 9, 2015 and directed the authorities to appoint “permanent directors” in its 13 directorates within 15 days.
DRAP has 14 directorates and only few permanent directors to run them. Furthermore, most of the directors are appointed against prescribed criteria, which are written in DRAP service rules. One year gone but still Drug Regulatory Authority of Pakistan’s High-ups are not ready to accept the orders of the honorable Supreme court & DRAP high-up’s willful failure to obey Supreme Court orders is clearly a contempt of court.
Herbal/Traditional medicine industry in Pakistan
Herbal medicine industry is very important nowadays as sales of herbals are rising. In 2015, herbal/traditional products had 16% current value growth as herbal companies increased their investment in mass media campaigns. Increasing advertisements for herbal products on billboards and TV helped educate consumers about the benefits of herbal products and supported the growth.
The number of consumers is expected to increase during the forecast period because of the decision by the Drug Regulatory Authority of Pakistan to start a crackdown against unregistered herbal medicines. The Authority’s strict attitude towards companies not following the herbal bill of 2012 could increase trust levels among non-users of herbal products and lead to an increase in demand. The Federal Government is expected to invest in the research and development of herbal products to promote the industry and take advantage of any potential foreign exports. The government will also facilitate the Division Of Health And Otc Products (Non Drugs) of DRAP to make the herbal industry follow modern practices and standardization.
Herbal/ Traditional medicine industry – Core issue in DRAP is corruption
Herbal industry of Pakistan can earn billions of Dollars if DRAP’S Division Of Health And Otc Products (Non Drugs) works well but unfortunately illegalities, corruption & favoritism is damaging DRAP’S Division Of Health And Otc Products (Non Drugs) & Pakistan.
Few days ago, this division was headed by Director Noor Muhammad Shah, who is having very good repute as being an honest & robust officer and having exact qualification for the job as per DRAP service rules, but Noor Shah is now replaced by Abdul Samad Khan who is favorite of DRAP CEO.
Abdul Samad Khan’s appointment as Director of DRAP’S DIVISION Of Health And Otc Products (Non Drugs) is illegal because he does not meet the criteria & qualification which is mentioned in DRAP service rules.
DIVISION OF BIOLOGICAL EVALUATION AND RESEARCH
Director 15
Method of Appointment
Initial Appointment
Maximum Age 52 years
Ph. D. in Pharmacy or Pharmaceutics or in related field of Biological, Bio-Medical
or Bio-Technology, with 10 years-related experience in the pharmaceutical field or
Master / M. Phil in Pharmacy, Biological, Bio-Medical or Bio-Technology with 13 years related experience in evaluation or testing of biological drugs.
OR
DIVISION OF BIOLOGICAL EVALUATION AND RESEARCH
Director 15
Method of Appointment
By Promotion Subject to the DRAP Employees Regulations
2015, as per Regulation 4.
- 17 years service in BPS – 17 /RO – 12 and above or 12 years service in
BPS – 18 /RO – 13 and above for initial recruits in BPS – 18 /RO – 1 3
or 5 years service in BPS – 19 /RO – 14 for initial recruits in BPS 19 /RO – 14 .
- DRAP officers would have to complete SMC (for Civil Servants ) as
admissible or customized courses as approved by the Policy Board
(for DRAP Employees) applicable from 1 st January, 2 016 for those
who are nominated for such courses, however, those employees who
have attained the age of 58 years will be exempted from such courses,
as per prescribed rules. iii. Having basic qualification in Pharmacy.
However, Abdul Samad Khan is not meeting the prescribed criteria for the job as Director in DRAP’S DIVISION OF HEALTH AND OTC PRODUCTS (NON DRUGS), similarly his appointment is illegal as Division Of Management Information Services because he has no qualification for that job too.
Even so, still he is having 2nd post as Director Division Of Management Information Services, So ABDUL Samad Khan is now working as Director of two divisions of Even so, still he is having 2nd post as Director Division Of Management Information Services, So ABDUL Samad Khan is now working as Director of two divisions of DRAP illegally & those are Even so, still he is having 2nd post as Director Division Of Management Information Services, So ABDUL Samad Khan is now working as Director of two divisions of DRAP illegally & those are : Of Management Information Services & Division Of Health And Otc Products (Non Drugs). Of Management Information Services & Division Of Health And Otc Products (Non Drugs). illegally & those are Even so, still he is having 2nd post as Director Division Of Management Information Services, So ABDUL Samad Khan is now working as Director of two divisions of DRAP illegally & those are : Division Of Management Information Services & Division Of Health And Otc Products (Non Drugs).
“After the Supreme Court’s order to appoint permanent directors in each division, No one can be appointed as director for two or more divisions of DRAP.
The Ministry of NHS and DRAP officials must abide by the orders of Honorable Supreme Court, but still they are doing willful delay, which is clearly contempt to the apex court of Pakistan.”
Illegal Appointments of Directors In DRAP
DRAPhas 14 directorates and only few permanent directors to run them. Furthermore, most of the directors are appointed against prescribed criteria, which are written in DRAP service rules. One year gone but still Drug Regulatory Authority of Pakistan’s High-ups are not ready to accept the orders of the honorable Supreme court & DRAP highups willful failure to obey Supreme Court orders is clearly a contempt of court.
AQ Jawaid Iqbal is enjoying the post in DRAP as Director Division Of Administration, Human Resource and Logistics. He is Secretary of Pharmacy council and also working as Director Regulation for Ministry of Health. AQ Jawaid Iqbal’s appointment in DRAP as Director Division Of Administration, Human Resource and Logistics is also illegal as He is not having prescribed qualification as per DRAP Service Rules.
It is a joke that Director Legal Affairs of DRAP is also having illegal appointment because Arshad Khan Director DIVISION OF LEGAL AFFAIRS does not meet the prescribed qualification as per DRAP Service Rules.
Director Aman Ullah is Director Division of Costing And Pricing & also having charge of director’s post for the Division Of Budget And Accounts, which is wrong and illegal.
DRAP Directors Shaikh Ansar Ahmed, Ghulam Rasool Dotani, Shaikh Faqeer Muhammad, Abdul Samad Khan & Aman Ullah are having double appointments as director on 2/2 divisions of DRAP, which is not only illegal but also against the crystal clear directions of Supreme court.
Senior reporting to juniors
Some 19 grade officers who are senior most like Haider Bukhsh Buzdar, who has been appointed as DDG, Now reporting to his juniors like director quality assurance division.
Tussle for prized posts had started by the creation of a Drug Regulatory Agency through an ordinance in February 2012 following the 18th Constitution Amendment that devolved from several federal powers to the provinces. DRAP was established later through an Act of the parliament.
Regulator as an employee of Consultant
DRAP is being run by employees of consultants who wander in DRAP on the daily basis for the broker-ship & bargaining. Just truly after one day of appointment of Abdul Samad Khan as Director of DRAP’S DIVISION OF HEALTH AND OTC PRODUCTS (NON DRUGS) people saw a huge ad about consultation services, which was for “rejected herbal factories” and the ad was extremely promising as in that advertisement, consultant company claimed that they could get registration for all “rejected herbal factories” which is impossible as per law & rules. Will DRAP officials bother to check that how consultant companies can advertise on their behalf?
RECOMMENDATIONS
DRAP is very important institution as public health & betterment of patients is directly attached with the Drug Regulatory Authority of Pakistan and their officials, Keeping this in the view; Appointments in DRAP must be 100% on merit.
DRAP must appoint Directors as per DRAP service rules & abide Supreme court Orders.
Ministry of National Health Services, Regulations & Coordination is advised to be more vigilant about Drug Regulatory Authority of Pakistan.
Government of Pakistan must ensure that all federal institutions within the country must abide by Directions and orders of Supreme court of Pakistan, while NAB is advised to check the corruption in DRAP.
