ISLAMABAD -- The Supreme Court yesterday issued detailed decision on its sue moto action regarding combating the Covid-19 pandemic. The apex court bench, headed by Chief Justice of Pakistan Justice Gulzar Ahmed, Justice Faisal Arab, Justice Ijaz ul Ahsan, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed
Gulzar Ahmed, CJ.- We have heard the learned Attorney General for Pakistan, Acting Advocate General, Punjab, Advocate General, Sindh, Advocate General KPK and Advocate General Balochistan.
Reports have been filed by the National Disaster Management Authority (NDMA), the Plant Protection Department, ICT, Governments of the Punjab, Sindh and of KPK so also by Government of Gilgit Bultistan. All these Reports have been examined by us and are taken on record.
The Report submitted by NDMA lacks some particulars, in that, it does not provide details of the import of machinery undertaken by M/s Al-Hafeez Crystoplast (Pvt.) Ltd. for the manufacture of N-95 Masks in Pakistan. Copy of LC and other import documents have not been filed.
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The Airway Bill shows that the value of the machinery has not been declared.
It is not clear whether the machinery was imported by this Company and if it was so, whether it paid any taxes and duties on the machinery, and for whom these N-95 Masks were supplied. If NDMA was the purchaser of N-95 Masks produced by this company than NDMA could not have been the facilitator of this Company for the import of machinery.
The documents indicate that NDMA itself chartered an aircraft for airlifting the machinery, as noted from the letter dated 26.04.2020 of NDMA filed as Annexure-II. Flight clearance was sought from the Chinese Government through the Pakistan Embassy, and whether the facilitation provided to this Company was also made available to other business entities in Pakistan by publication in newspapers, etc.
No publication of this nature has been filed by NDMA. It appears that this Company has been favoured by NDMA for import of machinery for making of N-95 Mask and then supplying the same to the NDMA. NDMA is directed to provide details of purchases of N-95 Masks from this company or any third party and money paid to this Company or its agents.
Further, documents relating to payment of dues and taxes by this Company may also be filed. NDMA should also explain why this Company was given special favour by it for import of the machinery. The source from which the money was paid for the purchase of machinery should also be disclosed.
We also note that NDMA has sought approval from the Drug Regulatory Authority of Pakistan for import of un-registered drugs, i.e. 7000 Vials of Remdesivir Injection for use of patients. The Drug Regulatory Authority of Pakistan through its letter dated 09.06.2020 has given NOC on the following conditions:
Keeping in view the current situation of COIVID-19 pandamic...