Phamraceutical Review (Editor – Muhammad Usman); Our respected editor Muhammad Usman B. Pharmacy, LLB (Expert Drug Law and pharmacy Jurisprudence Advocate Lahore High Court, Pakistan) has cover this case and reported to the office and staff of pharmaceutical review.
Islamabad: Mother of Muhammad Usman, the owner of Everest Pharmaceuticals who was arrested from court room, is still waiting for response of Prime Minister Imran Khan on her 5-months-ago purported letter against former Chief Justice (CJ) Mian Saqib Nisar, wherein the former CJ is accused of adjudicating a case regarding drugs to favor his family members.
Usman was arrested from Supreme Court in March last year and his company was sealed by Federal Investigation Agency (FIA) after Drug Regulatory Authority of Pakistan (DRAP) had submitted report, during hearing of the case, accusing him of manufacturing and supplying spurious drugs.
However, the mother Samina Zaheer tells a different story. Leveling allegations on former CJ, she explains reasons ‘behind the curtain’ which culminated into arrest of her son. She claims that ex-CJ took notice of the drug related matters just for the sake of giving benefits to his family members, adding he heard the case which was directly in conflict of interest. According to her, she wrote a letter to Prime Minister Imran Khan in September last year in this regard. “I am writing you (Prime Minister) this application with last hope of Justice. My son (Muhammad Usman) was arrested on illegal verbal order of Honourable Chief Justice of Pakistan on 6th March 2018 and his factory was taken over illegally by Drug Regulatory Authority of Pakistan,” Samina’s purported letter stated. She says two daughters of ex-CJ Nisar are married with two sons of Mian Misbah-ur-Rehman. Mian Misbah was appointed as Federal Minister on 27th June, 2018 in interim government, she adds.
She says that Mian Misbah and his sons are the owners of three pharmaceuticals factories including Servier, PCW (Popular Chemical Works) and Schazoo.She questions whether ex-CJ Nisar could hear the cases regarding drugs, pharmaceuticals and DRAP when his family business was drugs manufacturing. “There is direct conflict of interest,” she claims. Usman’s mother questions how the suo motu could be taken on application of government official against a private person.
According to her, five officials of Ministry of Health/DRAP were nominated by National Accountability Bureau (NAB) in a corruption case in 2001 wherein four accused persons were arrested but one Sheikh Akhtar Hussain saved himself from arrest by declaring himself dead. Another corruption reference of 2004 was filed by NAB. Hussain once again saved himself by declaring himself dead. She claims that Hussain, then acting CEO DRAP, filed an application to HR Cell of Supreme Court against Usman alleging that he was manufacturing spurious and unregistered medicines and his brother-in-law Raja Riffat Mukhtar, RPO Bahawalpur, registered a number of FIRs against Hussain and other DRAP officials. Usman’s mother questions how the suo motu could be taken on application of government official against a private person. Samina Zaheer in her letter raised another question that how orders to acting CEO DRAP could be given by the court regarding inspection of Everest Pharman when he is the complainant.
It is pertinent to mention that the journalists covering Supreme Court on daily basis witnessed that ex-CJ Nisar did not allow Usman or his lawyer to speak during the course of hearing. Samina Zaheer in her letter raised another question that how orders to acting CEO DRAP could be given by the court regarding inspection of Everest Pharman when he is the complainant. She says that entire department of DRAP illegally entered Everest Pharma in the absence of even a single representative of Everest Pharma. Almost 150 officials of DRAP along with a huge number of unknown private persons remained in factory of Everest Pharma till midnight illegally and stole all documents, letterheads of Everest, medicines and Raw Materials etc. worth millions of rupees.
On the other hand, police and FIA separately investigated Raja Riffat Mukhtar, RPO Bahawalpur. Both agencies concluded that Mukhtar is one of the best officers of police with highest dignity and integrity and that neither he nor Usman filed any FIR against any official of DRAP, says the mother. She, however, leveled allegation that the then CJ called chairman NAB in his chamber instead of calling him in open court.
“My son never manufactured any spurious or unregistered medicines and he is still behind the bars since 6th March 2018. FIRs have been registered against him across Pakistan, although his factory is in Islamabad. Is it legal to register around 100 FIRs?” she says.“Then NAB, instead of explaining in open court that Sh Akhtar Hussain is a corrupt officer and his name is mentioned in two Corruption References of NAB and a new corruption inquiry has been started, tendered an apology regarding the issuance of show cause notice to Akhtar Hussain and withdrew the show cause notice,” the purported letter of Samina Zaheer stated.
“It is pertinent to mention here that Sh. Akhtar Hussain always gave extraordinary (legal or illegal) benefits to the Pharma companies of Mian Misbah-ur-Rehman (Samdhi of ex-CJ),” she stated. “My son never manufactured any spurious or unregistered medicines and he is still behind the bars since 6th March 2018. FIRs have been registered against him across Pakistan, although his factory is in Islamabad. Is it legal to register around 100 FIRs?” she says. “Can you (Prime Minister) compensate the agony and suffering of a mother due to illegal action of CJP,” her letter added.
She has further requested to initiate investigation against all corrupt officials of DRAP especially Sh. Akhter Hussain. According to the contents of letter, Hussain built an empire from his alleged corruption which include 4 Kanal Plaza (Zerena Mall) in Liberty Market, Lahore and a 4 Kanal House in Town Ship Lahore. Banami Business, according to letter, include 5 Pharma factories in Pakistan, 1 Pharma Factory each in India, China and Turkey, Biggest Pharma distribution in Lahore, Marz Pharmacy College Lahore and a GS1 Pakistan Company to provide software for printing of barcodes on medicines. However, when asked, she repeatedly avoided to produce any reference which could substantiate that Prime Minister Secretariat or Prime Minister House received the complaint/letter. However, the timeline and some factual background she narrates have some relevance to allegations. It is worthy to mention that the appropriate forum to file complaint against a judge is Supreme Judicial Council (SJC) and not Prime Minister. Chief Justice heads SJC as its Chairman. However legal experts believe that raising questions on veracity of allegation is hard keeping in view the contents of purported letter. Some from legal fraternity told this correspondent that if the matter, if investigated transparently, could constitute the charge of misuse of authority. Some of the lawyers, who had been critique of ex-CJ Nisar in his tenure, said that this is not the only case wherein such kinds of allegations are being leveled.