The Supreme Court has finally admitted the SLP (special leave petition) challenging the Karnataka High Court order that quashed the key pricing aspects in the Pharma Policy 2002 as appeal. Regular hearings on the case are to begin in January. The date for the next hearing is to be fixed later.

The SC, which heard the case on November 21, also asked the parties involved in the case to restrict their plea on the pricing aspects of the Policy. Apex Court noticed that there were many issues that were not directly related with the pricing aspect of the Policy in the petition filed by the NGO All India Drug Action Network.

During the course of hearing attorney general Soli J Sorabjee informed the court that highly technical persons prepared the essential drug list and there were no reasons to review the list.

It may be recalled that the Karnataka HC, while granting a stay on the policy had adjudged that the policy was "arbitrary and unreasonable and violative of relevant provisions of Essential Commodities Act, 1955 and Article 14 and 21 of the constitution only to the extent of the price control mechanism adopted in the policy to determine drugs under price control".

The petitioners had contended that the Pharmaceutical Policy 2002 had been framed like a business policy and if it were allowed to enforce it would take away the essential and life saving drugs out of the ambit of the Drug Price Control Order (DPCO) which was highly detrimental to public interest on a detailed consideration of rival contention.

The parties involved in the case are KS Gopinath & Ors, Union of India and Ors, Organisation of Pharma Producers of India, Indian Drug Manufacturers Association and All India Drug Action Network.