HC questions legality of 18-member essential drug taskforce

The High Court has issued a rule questioning the legality of the health ministry’s decision to constitute an 18-member taskforce for preparing the essential drug list and recommending rational drug pricing, excluding ayurvedic, unani, homeopathic, biochemic, herbal and veterinary experts.

In the rule, the court asked the respondents to explain within three weeks why the health ministry’s notification issued on July 24 last year -- forming the taskforce while excluding ayurvedic, unani, homeopathic, biochemic, herbal and veterinary experts, in violation of Section 13 of the Drugs and Cosmetics Act, 2023, and a November 10, 2024 directive of the Advisory Council (Cabinet Division) -- and their failure to include all stakeholders in the taskforce should not be declared illegal.

The HC also asked the respondents to show cause as to why they should not be directed to include all stakeholders in the taskforce.

Health secretary, senior assistant secretary at the health services division, and director general of the directorate of drug administration have been made respondents to the rule.

The High Court bench of Justice Ahmed Sohel and Justice Fatema Anwar issued the rule on January 19 after a writ petition was filed by two individuals, including AK Mahbubur Rahman, secretary general of the Bangladesh Unani Medical Association, challenging the legality of the health ministry’s July 24 notification that formed the taskforce.

Senior lawyer Subrata Chowdhury, assisted by Advocate AKM Jaglul Haider Afric and Advocate Sanjid Rahman Shuvo, appeared for the writ petitioners, while Deputy Attorney General Khan Ziaur Rahman represented the state during the hearing of the petition.