2603/2015 Suit Novartis Pharma Pakistan Limited (Plaintiff) V/S Federation of Pakistan & another (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
2603/2015 Suit Novartis Pharma Pakistan Limited (Plaintiff) V/S Federation of Pakistan & another (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 19-DEC-16
The drugs are being considered as essential commodities. These are always subject to regulations and unbridled ways of dealing with the prices and allowing market forces to set the prices cannot be granted. This could not be taken as violative of Article 18 or 25 of the Constitution of Pakistan. These are reasonable restrictions and are being protected under the Constitution as often it happens the cartels are formed to manipulate the situation of these essential commodities and hence are always subjected to reasonable restrictions. However, in Suit No.1217 of 2016 in which Mr. Anwar Mansoor Khan learned advocate is appearing wherein Policy itself has been challenged I would dispose of the injunction application in the following terms and keep the lis pending as an issue in relation to the vires of subject policy had not been framed. Any finding here would not influence the trial of this suit.