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1986 DIGILAW 529 (SC)

Vincent Parikulangara v. Union Of India

1986-11-12

P.N.BHAGWATI, RANGANATH MISRA

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ORDER 1. Our attention is drawn by the petitioner who appears in person, to the Notification No. G.S.R.577 (E) dated July 23, 1983 issued under Section 10-A of the Drugs and Cosmetics Act, 1940 banning import of certain drugs into India as also to the Notification No. G.S.R.578 (E) dated July 23, 1983, issued under Section 26-A of the Drugs and Cosmetics Act, 1940 banning manufacture and sale of certain other drugs and are banned. It is the case of the petitioner that these two notifications are not being implemented by the State Governments though the Central Government has forwarded them to the State Governments and asked the State Governments to give effect to the same. We would like the Union of India to let us know on November 14, 1986 as to whether there is any interim order issued by any court staying the implementation of these two notifications and if there is no order of stay, why no steps have so far been taken for securing proper implementation of these two notifications by the State Governments. 2. Throughout the period that this case has been pending we find that there is gross indifference on the part of the concerned department of the Central Government in taking various steps necessary for the purpose of securing proper implementation of the directions given by this Court from time to time. We directed by our order dated February 2, 1984 that the Central Government will prepare copies of the amended writ petition and serve them on the other respondents in Writ Petition No. 3492 of 1983 and the respondents will file their counter-affidavits within four weeks from the date of that order and within three weeks thereafter affidavit in rejoinder, if any, may be filed by the petitioner. Though this direction was given by us as far back as February 2, 1984 we find that no steps have been taken by the Central Government to prepare copies of the amended writ petition and to serve them on the other respondents, despite the fact that more than two years and nine months have elapsed since then. Though this direction was given by us as far back as February 2, 1984 we find that no steps have been taken by the Central Government to prepare copies of the amended writ petition and to serve them on the other respondents, despite the fact that more than two years and nine months have elapsed since then. It seems that the concerned department of the Central Government is for some inexplicable reason not interested in early disposal of the writ petition, though the writ petition filed by the petitioner is intended to safeguard and protect the unsuspecting public against drugs which, according to the petitioner, are banned in the developed countries but which are sought to be dumped on Third World Countries by the Multi-Nationals. It may be pointed out that since no steps were taken by the Central Government to carry out the directions given by us on February 2, 1984, we gave further time to the Central Government by our order dated September 5, 1986 to make the paper books ready with proper pagination before November 4, 1986 and to file their counter-affidavit within three weeks from the date of .that order. But we find that this direction too has not been carried out by the Central Government. 3. Though we directed by our order dated April 11, 1983 when we admitted the writ petition that notice should go to the Indian Medical Council, Indian Medical Association and the Drug Controllers of all States in India except the Drug Controller of the State of Kerala, to answer the averments made in the writ petition and such notice was issued to them we find that none of them has cared to file an affidavit in this Court though more than 31/2 years have elapsed. This betrays complete lack of interest on the part of these authorities in public health and welfare. It is indeed surprising that even the Indian Medical Council, should have ignored the notice issued by us and not bothered to file an affidavit for assisting us in arriving at a correct decision in regard to the question whether the drugs complained of by the petitioner can be allowed to be used or not. We should have expected a statutory body like the Indian Medical Council to immediately come forward to assist the court in this task in view of its expertise on the subject. We should have expected a statutory body like the Indian Medical Council to immediately come forward to assist the court in this task in view of its expertise on the subject. It is regretable that the Indian Medical Council should have failed to do so. 4. The learned counsel appearing on behalf of the Union of India now undertakes that the Union of India will file its counter-affidavit on or before November 14, 1986 and will also supply copies of the amended writ petition to the other respondents on or before that date and will also file sufficient number of copies of the amended writ petition for the use of the court by that time. The paper books with proper pagination shall also be prepared by the Union of India and filed in court and copies thereof supplied to the petitioner and to the other respondents within 10 days from today. 5. The writ petition will stand adjourned to November 14, 1986 but since the adjournment has been occasioned entirely on account of the default of the Union of India, we would direct the Union of India to pay to the petitioner as and by way of costs a sum of Rs 10,000 on or before November 14, 1986. The Union of India will also supply to the petitioner within 10 days from today, through the Registrar of the Kerala High Court, the following four documents and books : 1. Copy of Hathi Committee Report 2. Copies of the Pharmacopoeia of India, USA, UK and USSR 3. Copy of the Physicians Desk Reference of USA 4. List of the drugs manufactured and sold in India, if such list has been prepared by the Central Government, 6. Copies of this order shall be supplied immediately to the learned advocates appearing on behalf of the parties and copies shall also be forwarded to the Indian Medical Council, Indian Medical Association and the Drug Controllers of all the States except Kerala. CMPs for vacation of stay in CAs 26-27/84 to be listed on November 13, 1986. Court Master. For Citation : 1987 (Supp) SCC 90.