The Madras High Court has once again adjourned the case related to CoPP for January 28 for further hearing. The case, which came up for hearing on January 18, has been dragging on in the Madras High Court for a final decision for the last more than three months. This is the seventh time the High Court is postponing the case to a further date.
The case came up for hearing first on November 18 and was postponed to November 25. On that day, in the absence of the petitioner, the court had moved the case to December 2. But the government pleader on December 2 pleaded for some more time in the court which again caused to post it for December 9, when the court after hearing the argument posted the case for December 21. The case was again adjourned for January 8 this year and later to January 18.
The CoPP case is based on a circular by the Drug Controller General of India on September 1, 2009 informing all the State Drug Controllers that the WHO-GMP CoPP would be issued by his offices from October 1 2009. The issue relating to the circular later became a bone of contention between the CDSCO and the state drugs regulators who were supported by the manufacturers associations. Following it, the Tamil Nadu Drug Control Officers Association had challenged the order in the Madras High Court and the Court had passed an interim stay order on October 13.
Meanwhile, there is uncertainty whether the Madras High Court can take a final decision on CoPP in the country as it is a case of centre versus states.
According to legal experts, since the case is related to all the states in the country, it may come under the consideration of the Supreme Court. However, the High Courts of Madras and Karnataka, where the petitions were submitted by different organizations, can give their verdicts after hearing both parties’ arguments.
When the case had come for hearing in the Madras High Court on 18th of this month, government pleader G Sankaran, who is appearing in the court for the case on behalf of the state government, submitted a written note of all arguments along with testimonials to the court. It is hoped that the court will have marathon arguments over the issue as it is not a local but an issue of centre versus states.
The counter petitioner may sometimes submit their argument note in another two days in the court, it is learnt. The Court has to hear the arguments and counter arguments to judge the legality of the issuance of CoPP.