The Supreme Court has adjourned the hearing on the SLP challenging the Karnataka High Court order that quashed the key pricing aspects in the Pharma Policy 2002 to November 7, 2003. With this adjournment, both the parties would get another month to discuss the matter related to the inclusion of essential drugs in price-controlled list. The Apex Court has asked the respondents to reply to the latest affidavit submitted by the Union Government within the period.
It is known that the government affidavit sticks on to its policy decision and has not recommended any change in the list of drugs that are to be included in the price controlled list.
The SC had in its previous hearing asked all parties concerned to sit together to find a way to finalise the essential drugs list and come out with the suggestions before August 9. None of the respondents approached the government for discussion, Attorney General Soli J Sorabjee, informed the court.
The respondents felt that they had nothing to discuss but only wanted the government to bring all the drugs that figure under the "National List of Essential Medicines 2003" under the purview of Drugs Price Control Order (DPCO).
The National list of Essential Medicines 2003 contains 354 drugs which includes anesthetics, analgesics, antipyretics, non steroidal anti-inflammatory medicines, anti-allergics, anti-infectives, anti-migrane, anti-parkinsonism, blood products, dermatological medicines, disinfectants and antiseptics, gasterointestinal medicines, hormones, contraceptives, immunologicals, muscle relaxants, opthalmological preparations, psychotherapeutic medicines etc, and has an additional 75 drugs compared to the previous essential drugs list.
The parties involved in the case are K.S. Gopinath & Ors, Union of India and Ors, Organisation of Pharma Producers of India, Indian Drug Manufacturers Association and All India Drug Action Network.