Ghumman v. National Health Services, Regulation and Coordination
Public health organization, Pakistan National Heart Association, through its General Secretary, Sana Ullah Ghumman, filed a complaint in the office of the Federal Ombudsman alleging that the Federal Board of Revenue and the Ministry of Health made inappropriate tax decisions which resulted in a reduction in price for certain tobacco products. The Ombudsman ruled that the government's departure from established practice amounted to maladministration under Article 2(1)(a) of President Order No. 1 of 1983. The Ombudsman directed the government to either mandatorily comply with Articles 6 and 15 of the FCTC, or intimate reasons for non-compliance under Article 11(2) of the President Order No. 1 of 1983, both within thirty days.
Sana Ullah Ghumman, General Secretary, Panah Secretariat v. National Health Services, Regulation and Coordination, Complaint No. WMS-HQR/0006322117, Wafaqi Mohtasib (Ombudsman's) Secretariat (2017).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Tax or price measures, including tax- and duty-free regulation.
(See FCTC Art. 6)
Substantive Issues
None
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"It has been observed that the complainant had primarily raised concern about a tax proposal pertaining to tobacco products proposed to be introduced in the finance bill 2017-2018. Notwithstanding the sincerity of the concern shown by the complainant the fact remains that setting up of tax priorities/strategies is the sole prerogative of the government as part of the mandate conferred under the constitution."
"The complainant has complained against the inattention and indecision of the Agency to act according to rules and regulations for safety of human health related to reduction of tobacco consumption. The health hazards of the youth of the nation are likely to increase. The Ministry of Finance and Agency has been implementing regulations enunciated in Framework Convention on Tobacco Control for last many years but have committed departure during 2017-2018. The complainants have approached all concerned to act according to rules but in vain. They have invoked the jurisdiction of this Office to rectify injustice being done to the public at large through maladministration of the Agency..."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Public health organization, Pakistan National Heart Association, through its General Secretary, Sana Ullah Ghumman, filed a complaint in the office of the Federal Ombudsman alleging that the Federal Board of Revenue and the Ministry of Health made inappropriate tax decisions which resulted in a reduction in price for certain tobacco products. The Ombudsman ruled that the government's departure from established practice amounted to maladministration under Article 2(1)(a) of President Order No. 1 of 1983. The Ombudsman directed the government to either mandatorily comply with Articles 6 and 15 of the FCTC, or intimate reasons for non-compliance under Article 11(2) of the President Order No. 1 of 1983, both within thirty days.