The Peshawar High Court (PHC) on Thursday issued a stay order halting the implementation of 15 percent increase in medicine prices. The move was challenged in the PHC, with the petitioner taking the plea that the price hike was against the spirit of Articles 9 and 14 of the Constitution.
A two-member divisional bench of the Peshawar High Court, comprising Justice Ikramullah Khan and Musarrat Hilali while hearing the case, issued notices to the chief federal and provincial law officers to respond to a constitutional petition against the Drug Regulatory Authority of Pakistan (DRAP) for jacking up medicine prices by up to 15 percent and sought reply by February 3 next.
"People are dying while you are increasing medicine prices," observed the judge, who warned that the pharmacies hoarding medicines to create an artificial shortage of drugs would be sealed.
The petition was filed by a citizen, Asmatullah against the DRAP notification, regarding increase up to 15 percent life-saving drugs. After heard of the arguments, the bench ordered the suspension of the DRAP regarding the increase in life-saving drug up to 15 per cent. In the petition, it was stated the increase in life-saving drugs was unjust with 70 per cent poor masses of the country.
The judge in his remarks said the court should be informed, if any company or vendor were tried to hide and stored of the stated medicines. During Thursday's hearing, the petitioner's counsel, Noor Alam Khan, accused the federal government of abdicating its responsibility towards citizens. He added the government, instead of providing relief to the masses, was further burdening the people of Pakistan.
The Council for the petitioner during the course of hearing said that government is responsible to provide relief to people as well as ensure protection of their life and property under the article 9 and 14 of the constitution of the country.
The increase in prices was imposed by a recent notification, issued on January 11 by the Drug Regulatory Authority of Pakistan (DRAP), and included life-saving drugs.
Consequently, the two-member PHC bench, comprising Justice Ikramullah Khan and Justice Musarrat Hilali, ordered a stay on the implementation of the DRAP notification. The court issued notices to relevant federal government officials and other authorities concerned to appear at the next case hearing on February 3.
On January 11, DRAP notified the increase of up to 15pc in the price of medicines across the country with the approval of the federal government. In a statement, the authority notified a 9% increase in the retail price of life-saving drugs and 15% in the retail price of other medicines. The increase, in the prices of 898 branded and 123 solid drugs, takes effect from January 1, the notification said.
Sources, however, said that the price hike would impact the rate of some 24,000 medicines, including the life-savings drugs such as medicines for heart ailments, brain diseases, cancer, children's diseases and post-surgical drugs etc.
The notification said that maximum retail prices of drugs have been increased "under paragraph 12 (8) of the Drug Pricing Policy, 2018", adding: "Nine per cent over and above the maximum retail prices as determined under hardship category during the year 2018," read the notification.
It further said: "Fifteen per cent over and above the existing maximum retail prices determined under the Drug Pricing Policy, 2018 for drugs other than those specified in Clause (a)."
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