Research › Browse › Judgment

Supreme Court of India · body

1997 DIGILAW 788 (SC)

COMMON CAUSE, A REGD. SOCIETY, NEW DELHI v. UNION OF INDIA

1997-04-21

G.T.NANAVATI, S.C.AGRAWAL

body1997
ORDER Andhra Pradesh: 1. In pursuance of the directions given in the order dated 3-3-1997 an affidavit has been filed by Shri C. Arjuna Rao, Principal Secretary to the Government of Andhra Pradesh, Health, Medical and Family Welfare Department, wherein it is stated that the Andhra Pradesh State Blood Transfusion Council has been constituted under GOMs No. 270 dated 26-61996 and the same has been registered in October 1996 and is functioning. In the said affidavit no mention is however made with regard to the position about the licensing of Blood Banks in the State of Andhra Pradesh. The State of Andhra Pradesh is directed to file an affidavit indicating the position about the licensing of Blood Banks in the State within two weeks. Kerala: 2. On behalf of the State of Kerala an affidavit has been filed by C.P.Nair, Chief Secretary, Government of Kerala, wherein it has been stated that by order dated 29-6-1996 a State Blood Transfusion Council has been constituted and the same has been registered on 12-3-1997. As regards licensing of Blood Banks it is stated in the said affidavit that 12 Government Blood Banks have already been licensed by the Drugs Controller General of India and 15 others have been equipped as per norms and it is expected that these would also be equipped and licensed before 17-5-1997. It is also stated that 35 Blood Banks in the private sector have been licensed by the Drugs Controller General of India and that intensive drive is made to cover all unlicensed Blood Banks with drugs licenses before 17-5-1997. The State of Kerala shall file an affidavit indicating the position of Blood Banks as on 17-5-1997. Maharashtra: 3. On behalf of the State of Maharashtra an affidavit of Shri B.P. Pandey, Secretary, Medical Education and Drugs Department, has been filled wherein it is stated that the State Blood Transfusion Council has been formed on 2-7-1996 and it has been registered on 22-1-1997. Nothing is mentioned in the said affidavit with regard to the position of licensing of Blood Banks in the State of Maharashtra. The State of Maharashtra shall file an affidavit within two weeks indicating the position of licensing of Blood Banks in the State. Tamil Nadu: 4. Nothing is mentioned in the said affidavit with regard to the position of licensing of Blood Banks in the State of Maharashtra. The State of Maharashtra shall file an affidavit within two weeks indicating the position of licensing of Blood Banks in the State. Tamil Nadu: 4. On behalf of the State of Tamil Nadu an affidavit has been filed by Thiru R. Poornalingam, Secretary to Government, Health and Family Welfare Department, wherein it is stated that the Tamil Nadu State Blood Transfusion Council was constituted by order dated 17-5-1996 and it has also been registered under the Societies Registration Act, 1860. Nothing is indicated in the said affidavit with regard to the licensing of the Blood Banks in the State of Tamil Nadu. The learned counsel for the State of Tamil Nadu prays for two weeks time to file an affidavit setting out the position of licensing of Blood Banks in the State. Gujarat: 5. On behalf of the State of Gujarat an affidavit has been filed by Dr D.M. Saxena, Additional Director, State Aids Cell, Civil Hospital, Gandhinagar wherein it has been stated that the State Blood Transfusion Council was constituted vide Resolution dated 1-7-1996 and registered on 12-3-1997. In the said affidavit no mention is made about licensing of Blood Banks in the State of Gujarat. The learned counsel for the State shall file an affidavit regarding licensing of Blood Banks within two weeks. Goa: 6. On behalf of the Union Territory of Goa an affidavit has been filed by Shri Rakesh Mehta, Secretary (Health), Government of Goa has been filed wherein it is stated that the Blood Transfusion Council for the Union Territory of Goa has been constituted on 28-6-1996 and an application dated 27-3-1997 has been filed for the registration of the same under the Societies Registration Act, 1860. Nothing is stated in the said affidavit about the licensing of the Blood Banks. The Union Territory shall file an affidavit indicating the position of the licensing of Blood Banks within two weeks. Pondicherry: 7. On behalf of the Union Territory of Pondicherry a reply statement has been filed by Felix Sequeira, Secretary to Government (Health) wherein it is stated that by order dated 24-4-1996 the Union Territory Council for Blood Transfusion has been set up and it has been registered on 26-3-1997. Pondicherry: 7. On behalf of the Union Territory of Pondicherry a reply statement has been filed by Felix Sequeira, Secretary to Government (Health) wherein it is stated that by order dated 24-4-1996 the Union Territory Council for Blood Transfusion has been set up and it has been registered on 26-3-1997. In the said affidavit it is stated that the Blood Bank in Pondicherry region has licensed. The learned counsel states that he has been instructed to as the Blood Bank for the regions of Karaikal/Mahe have already been li and only Blood Bank for Yanam has yet to be licensed. The licensing• process and shall be completed by 17-5-1997. An affidavit in that shall be filed after 17-5-1997. Meghalaya: 8. On behalf of the State of Meghalaya an affidavit has been fil Shri Mawshan Kharmujai, Deputy Secretary, Health Department wherein it is stated that the State Blood Transfusion Council has been constituted notification dated 6-8-1996 and it has been registered on 7-3-1997. I said affidavit the exact position regarding licensing of Blood Banks been indicated. The learned counsel prays for two weeks time to file affidavit in this regard. Mizoram: 9. On behalf of the State of Mizoram an affidavit has been filed by Khaund, Resident Commissioner, Government of Mizoram, New wherein it is stated that the State Blood Transfusion Council has constituted vide notification dated 16-5-1996 and it has been registe 25-2-1997. There is no mention about the licensing of Blood Banks is State of Mizoram. The learned counsel prays for two weeks time to file affidavit indicating the position in that regard. Arunachal Pradesh: 10. On behalf of the State of Arunachal Pradesh an affidavit has filed by YD. Bankata, Resident Commissioner, Government of Am Pradesh wherein it is stated that the Blood Transfusion Council has; constituted on 20-8-1996 which has been registered on 17-3-1997. said affidavit it is stated that at present there is no private Blood Bank . State of Arunachal Pradesh. However, the facilities for emergency transfusion are available in all the 12 Government District Hospitals. Government General Hospitals and one Government Aided Hospital. It is also stated that two Government General Hospitals located at Pasighat and Naharlagun and the one Government Aided General i.e. R.K. Mission Hospital at Itanagar have applied to Drugs Con General, India for issuance of licence for operating Blood Banks and the licence is likely to be issued shortly. Government General Hospitals and one Government Aided Hospital. It is also stated that two Government General Hospitals located at Pasighat and Naharlagun and the one Government Aided General i.e. R.K. Mission Hospital at Itanagar have applied to Drugs Con General, India for issuance of licence for operating Blood Banks and the licence is likely to be issued shortly. The learned counsel prays for weeks to file an affidavit about the licensing of the Blood Banks in the of Arunachal Pradesh. Tripura: 11. On behalf of the State of Tripura an affidavit has been filed by Varma, Deputy Resident Commissioner, Government of Tripura, New wherein it is stated that the State Blood Transfusion Council has constituted vide notification dated 4-7-1996 and it has been register 28-2-1997. It is further stated that all the 5 functioning Blood Banks have been licensed on 23-12-1996. By notification dated 28-1-1997 it has been provided that the collection and storage of blood for transfusion at any place other that the licensed Blood Banks is strictly prohibited and that under no circumstances blood can be collected from professional blood donors for the purpose of transfusion. The said affidavit shows that the State of Tripura has complied with the directions given by this Court. The contempt notice is discharged. Nagaland: 12. Shri Kailash Vasdev, the learned counsel prays for two weeks time to file an affidavit indicating the position about the constitution of State Blood Transfusion Council as well as the licensing of the Blood Banks in the State. Lakshadweep: 13. Mr T.v. Ratnam, the learned counsel prays for two weeks time to file an affidavit indicating the position regarding the constitution of Blood Transfusion Council for the Union Territory of Lakshadweep as well as the licensing of Blood Banks. Punjab: 14. On behalf of the State of Punjab an affidavit has been filed by Rajesh Chhabra, Principal Secretary to Government of Punjab, Health and Family Welfare Deptt., wherein it is stated that the Blood Transfusion Council was constituted on 25-6-1996 and it has been registered on 23-7-1996. It is also stated that all Blood Banks have been inspected and licences have been granted to 32 Blood Banks which fulfil the conditions. The learned counsel prays for two weeks time to file an affidavit indicating what steps the State is going to take regarding the unlicensed Blood Banks. Himachal Pradesh: 15. It is also stated that all Blood Banks have been inspected and licences have been granted to 32 Blood Banks which fulfil the conditions. The learned counsel prays for two weeks time to file an affidavit indicating what steps the State is going to take regarding the unlicensed Blood Banks. Himachal Pradesh: 15. The learned counsel prays for two weeks time to file affidavit indicating the position regarding licensing of Blood Banks and the constitution of Blood Transfusion Council in the State of Himachal Pradesh. 16. The States of Assam, Bihar, Haryana, Madhya Pradesh, Manipur, Himachal Pradesh, Orissa, Rajasthan, West Bengal, Karnataka, Sikkim, Uttar Pradesh, Delhi, and Union Territories of Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands are directed to file affidavits indicating the position regarding licensing of Blood Banks in the States/Union Territories concerned. The said affidavits should be filed within four weeks. 17. List on 9-5-1997. (Court Masters)