MIAN DAWOOD
LAHORE–The in-camera proceedings of the Judicial Tribunal formed by the Lahore High Court to ascertain the cause of deaths of cardiac patients by spurious medicines recommended by the Punjab Institute of Cardiology, are being questioned critically among the legal fraternity and heirs of the deceased.
Masses have expressed concerns over the proceedings of this sensitive and tragic issue being held behind closed doors; saying that public should be made privy to the details of the case, which has affected many patients during the past months.
The Judicial Tribunal headed by Justice Ijaz-ul-Ahsan was formed on the request of PML-N led Punjab government, which is facing severe criticism owing to the loss of lives from drug reaction. The in-camera proceedings started on February 14th, and the statements of former chief executive PIC Dr Azhar, Former Secretary Health Jahanzeb Khan, Home Secretary Shahid Khan, Additional Inspector General of Police (Investigation) Aslam Tareen and Deputy Inspector General of Police (Investigation) Lahore Ali Aamir Malik have been recorded so far.
The tribunal on Thursday summoned four representatives of World Health Organisation and recorded their statements, the press release said. It further stated that the tribunal has appointed a Commission to inspect the premises of Efroz Chemical Industries in Karachi, along with their production and storage facilities and examine the relevant records regarding procurement, manufacture, sale and dispatch of medicines produced in there.
The Commission shall also visit the Drug Testing Laboratory, meet Federal Drug Inspector and collect information from the investigating officer in Karachi, before it submits its report to the tribunal.
However, the press release did not provide any further information regarding the statements recorded by the tribunal during the last three days. Interestingly enough, no citizen has appeared before the tribunal as yet. Concealing the everyday proceedings of the tribunal would make its final report, doubtful in the public’s eye as they would not be able to believe on inquiries which were held behind closed doors, opined senior lawyers Aftab Ahmad Bajwa and Rai Bashir Ahmad.
“What is the record submitted to the commission? Who are responsible behind the sales and purchase and supply of contaminated drugs recommended to cardiac patients?” Aftab Bajwa asked. “I am not sure that I will fully believe the final report of the judicial tribunal if it continues in-camera proceedings,” he added.
He said that the government may use the 30 day period to send its drafted reports through its blue-eyed officers to the tribunal, which could steer the case in the wrong direction. “When the Memo Commission can open its daily proceedings than why PIC Judicial Commission is holding in-camera proceedings?” he asked.
Advocate Muhammad Azhar Siddique said that the judicial inquiry is being regulated under the West Pakistan tribunals of Inquiry Ordinance 1969. He said under Sec 8, the tribunal shall, subject to any rule, have powers to regulate its own procedure including fixation of places, time of sitting and whether to sit in public or in private.
However, when the matter of public importance is involved and no personal or secret issues are being discussed, the judicial inquiry proceedings should be public hearings, said advocate Siddique.
“Under Article 19 and its sub article-A of the constitution of the Pakistan, public has a fundamental right to know about the hearing of judicial tribunal and inquire thereto. Numerous judgments are available on the issue.” Azhar Siddique said.
He added that the government should publish each and every judicial inquiry including the report prepared on the 37 days strike of Young Doctors Association. Dozens of citizens have lost their lives during the strike; however no one knows what action the Punjab government has taken against those responsible for the deaths.
Saad Ahmad, a resident of Jalalpur Bhattian, alleged that the deaths were the result of negligence on part of the Punjab government. Saad’s father Salim-ul-Allah passed away on Jan 22 due the reaction of drugs provided to him at the PIC. He lamented that the governments constitutes such tribunals when it wanted to kill the issue.
Saad revealed that he had yet to receive the compensation money of Rs5 hundred thousand announced by the provincial government.
He alleged that the compensation was only being paid to the people who are either from Lahore or have some political influence. “Does anyone know how many people who belonged to remote areas of the province have lost their lives?” asked Saad Ahmad. He said that the media was also playing along with the government and politicians, as they too will forget the issue when they find some ripe news.
Meanwhile, Former President Lahore High Court Bar Anwar Kamal was of the view that the in-camera proceeding may help government officials to speak the truth before the judicial commission. However, he said that the findings of the inquiry should be made public.
Court Reporters Association President Shadab Riaz also agreed that the judicial tribunal should its proceedings open to the public. “It is true that some government officers can not speak truth in open courts but the tribunal should give briefing at the end of day despite issuing short press releases.” Shadab Riaz Said.
The people, who have lost their loved ones or who are undergoing treatment for the use of spurious drugs, wants to know the details on daily basis.
When contacted, judicial tribunal secretary Irfan Saeed said that the persons who have concerns on in-camera proceedings could attend the proceedings after filing an application. “The tribunal has appointed M.B Shahid as focal person and he can give any information,” Mr saeed concluded while refusing to give any further information about the statements recorded during the last three days.
When The Nation contacted, focal person M.B Shahid, he said that all information he has received so far has already been made public.