The High Court considered a writ petition regarding the license of a drug manufacturer selling an unproven drug called Immuno-QR. The Court dismissed the petition holding that the Supreme Court's 2007 order had already stopped the manufacturer from selling the drug, leaving nothing for further consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.C.No.29617/2003
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942
WP(C).No.29617 OF 2003(S)
PETITIONER/S:
INDIAN NETWORK OF POSITIVE PEOPLE , FLAT NO.6, KASH TOWERS, 93 SOUTH WEST BOAG ROAD, T. NAGAR, CHENNAI-600 017, REPRESENTED BY ITS PRESIDENT K.K. ABRAHAM.
BY ADVS. SRI.JOSEPH MARKOSE (SR.) SRI.JOSEPH KODIANTHARA (SR.) SRI.MITHUN MARKOS
RESPONDENT/S:
W.P.C.No.29617/2003 2
R1 BY ADVS.SRI.E.K.NANDAKUMAR SMT.PRIYA MAHESH
SRI.GOPIKRISHNAN NAMBIAR SR GP SURIN GOERGE IPE FOR R2-R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.No.29617/2003
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J U D G M E N T
S.Manikumar, CJ.
Instant public interest writ petition has been filed for a mandamus directing the 3rd respondent – Drugs Controller and Licensing Authority to cancel the license issued to the 1st respondent for manufacturing, distributing and selling the drug IMMUNO-QR or any other drug in any form.
“We have heard the learned counsel for the appellant and the first respondent. Learned counsel for the first respondent submits that three writ petitions, namely, O.P.Nos.12883/1998 (T.A.Majeed v. State of Kerala), 37990/2001 (Peoples Union for Civil Liberties v. State of
W.P.C.No.29617/2003
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Kerala & Ors.) and writ petition No.29617/2003 (Indian Network of Positive People v. T.A.Majeed), which were listed before the High Court on 1st Januar, 2007 are now posted for 22nd January, 2007. Having regard to the facts and circumstances above noted, the hearing of the matters before the High Court deserves to be expedited. In the mean time, however, the first respondent in the teeth of the order of the Drug Controller and that of this Court dated 11th March, 2002 cannot be permitted to manufacture and sell the drug in question, namely, Immono-QR. Therefore, we would substitute the impugned order of the High Court by the order passed by this Court on 11th March, 2002. It cannot be a valid ground to stay the order of the Drug Controller that the committee has not been able to examine the drug and file a report. In the teeth of the order dated 11th March, 2002 pass by this Court.
In view of what is stated above, we allow the appeal, set aside the impugned order and direct that till pendency of the matter before the High Court, the order of the Drug Controller dated 6th September, 1997 partially canceling the manufacturing license in respect of the drug 'Immuno-QR' shall remain operative. The High Court is requested to finally hear the matter either on the date fixed or any subsequent date that may be convenient to it and dispose of the three petitions above-mentioned expeditiously and preferably within three months from the date of the receipt of this order. The writ petitions shall be disposed of on merits without
W.P.C.No.29617/2003
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being influenced by this order or the order dated 11th March, 2002 passed by this Court or the impugned order dated 25th August, 2003 passed by this High Court.”
petition.
Nothing survives in this writ petition for further consideration. Hence, this writ petition is dismissed.
Sd/- S.MANIKUMAR CHIEF JUSTICE
Sd/- SHAJI P. CHALY JUDGE
DG
W.P.C.No.29617/2003
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF ADVERTISEMENT MADE BY THE 1ST RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF REPORT ON THE DEATH OF CHITRA APPEARED IN HINDU NEWSPAPER DATED 23/07/2001. |
| EXHIBIT P3 | TRUE COPY OF REPORT ON THE DEATH OF CHITRA APPEARED IN INDIAN EXPRESS NEWSPAPER DATED 27/07/2001. |
| EXHIBIT P4 | TRUE COPY OF CLAIMS MADE BY THE 1ST RESPONDENT AS PUBLISHED BY GEORGE MATHEW IN AN ARTICLE CALLED T.A. MAJEED, BATTLING THE VIRUS. |
| EXHIBIT P5 | TRUE COPY OF PRESS NOTE ISSUED BY THE 1ST RESPONDENT AT COIMBATORE. |
| EXHIBIT P6 | TRUE COPY OF PRESS STATEMENT ISSUED BY THE 1ST RESPONDENT AT MUMBAI. |
| EXHIBIT P7 | TRUE COPY OF PECULIARITY OF P24 ANTIGEN TEST EXPLAINING THE PROGRESSION OF HIV TO AIDS APPEARED IN PAPER. |
| EXHIBIT P8 | TRUE COPY OF PECULIARITY OF P24 ANTIGEN TEST EXPLAINING THE PROGRESSION OF HIV TO AIDS APPEARED IN PAPER. |
| EXHIBIT P9 | TRUE COPY OF THE ARTICLE PUBLISHED BY GUPTA S K, KALEEKAL T, JOSHI S., DEPARTMENT OF PHARMACOLOGY, ALL INDIA INSTITUTE OF MEDICAL SCIENCES, NEW DELHI ON MISUSE OF CORTICOSTEROIDS IN CERTAIN DRUGS. |
| EXHIBIT P10 | TRUE COPY OF ARTICLE PUBLISHED BY INDIAN INSTITUTE OF SCIENCE BANGALORE ON THE 1ST RESPONDENT'S DRUG IMMUNO QR. |
| EXHIBIT P11 | TRUE COPY OF I DA PRESS RELEASE ON THE USE OF CORTICOSTEROIDS. |
| EXHIBIT P12 | TRUE COPY OF ARTICLE ON CORTICOSTEROIDS GLUCOCORTICOID EFFECTS (SYSTEMIC) APPEARED IN MEDLINE PLUS HEALTH INFORMATION. |
W.P.C.No.29617/2003
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RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A TRUE COPY OF THE WEBSITE HTTP.//64.41.99.118/CHARGE/FORMS/RQ 10400HTM
Colour shows how this judgement treated each authority
Civil Appeal No.3 of 2007Applied¶3
Indian Network of Positive People
T.A. Majeed
State of Kerala
Drugs Controller and Licensing Authority
Drug Controller General of India
Kerala State AIDS Controller Society
S.Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
