DRAP given month’s time to finalise drug pricing policy

Petitioners claim PM does not have authority to withdraw notification of 15 per cent hike in prices of every medicine, except lifesaving drugs

The Sindh High Court (SHC) on Wednesday gave a month’s ultimatum to the Drug Regulatory Authority of Pakistan (DRAP) to finalize fresh drug pricing regulatory policy.

A two-judge bench headed by Chief Justice Maqbool Baqar was hearing a petition filed by the Pakistan Pharmaceutical Manufacturers Association and others against Drug Regulatory Authority of Pakistan (DRAP) that issued a notification withdrawing its earlier notification regarding hike in drug prices on the directives of Prime Minister Nawaz Sharif.

At the previous hearing, the court had directed DRAP to convene a meeting within 20 days from the day of hearing and decide on proposed amendments in drug pricing regulatory policy by Senate committee. “The new draft shall instantly be sent to prime minister for consideration so that policy may be finalized, notified and enforced within a month thereafter,” the court had ordered.

On Wednesday, DRAP Pricing Director Amanullah requested the court to allow some time for compliance of its order. The court observed, “Though there seems no justification for any further extension of time, we would by way of sheer indulgence grant one month time for compliance of the order but with a caution that in case the order is not still complied with appropriate orders shall be passed against those responsible for delay or non-compliance.”

The petitioners had stated that a meeting of policy board of DRAP was held on October 23, 2013 and was attended by the government officials and representative of PPMA.

They said that in the meeting, it was decided that interim relief may be granted to industrialists by increasing drug prices and a committee was constituted to deliberate on the matter in detail, analyze market data and disease prevalence in the country.

The petitioner stated that in view of the board’s decision and further deliberation by the committee, a notification was issued by DRAP, whereby 15 per cent hike was allowed in the prices of every medicine, except lifesaving drugs. They said that later a notification was issued on directives of the prime minister withdrawing earlier notification on November 29, 2013.

They said that PM had no authority to pass any such order, adding that the notification was issued illegally and without giving them an opportunity to present their case. Therefore, they said that the notification was liable to be suspended.