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HC directs Govt to submit purchase files of anti-rabies vaccine
P B Jayakumar, Chennai | Thursday, May 20, 2004, 08:00 Hrs  [IST]

The Kerala High Court has directed the State Government to produce in the court all documents and files related to the purchase of controversial anti-rabies vaccine by the Central Purchase Committee of the Kerala health department.

The division bench ruling follows a Public Interest Litigation filed last month by Chirakkal Narayanee Nilayam M.P.Ayyappan Kutty of Kannur demanding to direct the Government not to award the contract to the Indian Immunological Ltd., Hyderabad, manufacturer of the Abhayrab vaccine, and to freeze stocks of the vaccine pending in the Government hospitals in the state.

The Kerala Government's Advocate General V.K.Beeran informed the court that the concerned officials of the health department would soon file an affidavit in the court with details on the tender process related to the purchase of anti-rabies vaccine.

A vacation bench of the High Court comprising of Justice R. Rajendrababu and Justice J.M. James had admitted the PIL last month, and had directed the Government to respond in the case. The division bench comprising of Chief Justice N.K.Sodhi and Justice P.R.Raman accepted the petition and issued notices to the State Government and the Health Secretary, this week.

The petitioner had noted that there were reports of complications developed due to administration of the vaccines supplied by the company earlier. Various investigations had revealed that the vaccines were of substandard quality, and there were discrepancies in batch number and packaging, invoice details etc. The CPC had frozen the supplies and had excluded IIL from the list of approved suppliers of medicines to the Government, following the controversy. Despite this, IIL was included in the tender list under instructions from the Chief Minister of Kerala, the petitioner had alleged.

The PIL also said six other firms, which were found ineligible by the CPC, also figure in the list of tender process for various medicines and surgical items for the forthcoming year. The move to include these companies amount to corrupt practice as the CPC follows certain guidelines while purchasing medicines. The government should not have included the ineligible firms in the list for tender process. The PIL also noted that another case on the same issue, filed by IIL against the Government for excluding the company from the CPC tender process was pending in the High court, the petitioner had contended.

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