KARACHI: Sindh High Court has once again restrained Sindh government from awarding hepatitis medicine tender for the year 2014-2015 to multinational companies at exorbitant prices.
The order has been passed on a civil suit No.980/2015 filed by a local company on the grounds that the provincial government and their program manager for hepatitis program through the distributor, Lab Link, of three different multinational companies have awarded tenders to them for product Ropegra, Peginteron, and Pegaferon at exorbitant cost in sheer violation of public procurement laws.
Moreover and despite Sindh High Court's previous order of March 26, 2015, declaring previous tender illegal on similar unfair practices, Sindh Government is pre-determined to accommodate foreign bidders and deprive national companies from the tenders.
The court also took note that Sindh government in an illegal and unprecedented manner distinguished the tender items in two unjustified categories creating a room for it to procure half of the tender medicines from the Schering Plough at high cost.
It was duly established by the petitioners that Sindh government is pre-determined to purchase the medicine at exorbitant cost around Rs.6000 per vial or injection; however, the same could have been procured from national companies at Rs.2200.
SHC found that government failed to comply with previous court order of 26 March 2015 as the order was very comprehensive to be used as guidelines for tenders procedures, however, no such efforts were made and court order were ridiculed by Sindh government.
Reiterating that the order of 26 March 2015 still holds the field and was not challenged by the Sindh government, it was found that on an appeal filed by one of the multinational company, the appeal court had passed a consent order on 29 May 2015.
As per that order wherein with the consent of all parties including Sindh government, directions were given to the program manager to submit sample products of all bidders in the High court where the Nazir of the High Court will have all those product samples tested by a WHO recognized lab outside Pakistan for determination of efficacy of the products to be procured.
The court took strong exception to the fact that on the contrary Sindh government, their program manager, and technical committee members tender on SVR data requirement which was duly submitted as per the requirement.
Advocate Faisal Siddiqui, the counsel for the appellants brought into the notice of the court that another pharmaceutical company Getz Pharma has also donated 500 vials of its Unipeg (hepatitis medicine) costing more than Rs. 2 million to the Chief Minister Program Sindh to meet the urgent needs of patient with dire needs. Even then, the company has been neglected for hidden corrupt practices and reasons.
Instead of appreciating the company, Siddiqui and his team of lawyers said the provincial government has gone extremely hostile to oust it from the tender for unwarranted reasons.
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