Nkkj velmurugan j order this Court suo motu invokes Article 226 to consider the larger issues of bribing of doctors and overpricing of drugs by Pharmaceutical Companies, as they directly affect citizens violating their rights under Article 21 of Constitution of India. This Constitutional Court cannot restrict itself to the issue involved in the appeal and it is duty bound to issue remedial directions to address the above larger issues. 13.Hence, this Court, Suo motu, impleads the (i).Union of India, represented by its Secretary, Ministry of Health and Family Welfare, New Delhi;
of the Income Tax Act, 1961 this Court suo motu invokes Article 226 to
consider the larger issues of bribing of doctors and overpricing of drugs by
Pharmaceutical Companies, as they directly affect citizens violating their rights
under Article 21 of Constitution of India. This Constitutional Court cannot
restrict itself to the issue involved in the appeal and it is duty bound to issue
remedial directions to address the above larger issues.
13.Hence, this Court, Suo motu, impleads the
(i).Union of India, represented by its Secretary, Ministry of Health
and Family Welfare, New Delhi;
(ii).Union of India, represented by its Secretary, Ministry of
Chemicals and Fertilizers, New Delhi;
(iii).National Pharmaceutical Pricing Authority, 3rd/5th Floor,
YMCA Cultural Centre Building, No.1, Jaisingh Road, New Delhi;
(iv).Medical Council of India, Pocket – 14, Sector 8, Dwarka, New
Delhi – 110077;
as party respondents. Mr.G.Karthikeyan, learned Assistant Solicitor General
takes notice on behalf of the respondents 2 to 4 and Mr.V.P.Raman, learned
Standing Counsel takes notice on behalf of the 5th respondent.
14.The following queries have to be answered by the newly impleaded
respondents:
[1/8, 16:59] Sekarreporter: pharmaceutical industry which is pending consideration by the Government of
the past 5 years?
Notice to the first respondent returnable by 20.01.2020. Private notice
including e-mail, courier and whatsapp is also permitted.
16.Call the matter on 20.01.2020.
(N.K.K.,J.) (P.V.,J.)
06.01.2020
[1/8, 16:59] Sekarreporter: (i).What is the action taken by the Medical Council India for violation of
Regulation 6.8 of Indian Medical Council (Professional Conduct, Etiquette and
Ethics) Regulations, 2002 which prohibits medical practitioners from taking
any gifts, travel facilities, hospitality, Cash or monetary grant from
Pharmaceuticals and allied health sector Industries and also for getting
commission from Diagnostic laboratories by prescribing unnecessary tests,
scans etc., for the past five years?
(ii).How many medical practitioners have been prosecuted so far, for violation
of Indian Medical Council (Professional Conduct, Etiquette and Ethics)
Regulations, 2002 from the year 2009 onwards?
(iii).Who are all the doctors who accepted the hospitality from the respondent
company to the tune of Rs.42,81,986/- during the assessment year 2012-13
and what is the action taken against them?
(iv).What are all the other steps taken by the Medical Council of India against
the doctors who violate Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulations, 2002 as well as circulars issued by them?
(v).How many pharmaceutical companies have been prosecuted for violating
Regulation 3 of the Drug Price Control Order, 1995 for the past five years?
[year wise details to be given]
(vi).What are all the measures taken by the Government to control the
pharmaceutical companies which overprice the drugs in violation of Drug Price
Control Order, 1995?
[1/8, 16:59] Sekarreporter: (vii).How many pharmaceutical companies have claimed deduction as for sale
promotion expenses to promote their company branded medicine by providing
incentives such as gifts, travel facilities, hospitality, Cash or monetary grant to
the doctors?
(viii).Whether the Income Tax Department is regularly informing the Central
Government and National Pharmaceutical Pricing Authority about the
pharmaceutical companies which claim deduction in respect of sale
promotional expenses regarding payments and incentives to Doctors and for
overpricing of drugs?
(ix).How many complaints have been received so far with regard to
overcharging of medicines by National Pricing Authority and other official
respondents viz., the Medical Council of India as well as by the Central
Government for the past five years? [year wise details to be given]
(x).How much was recovered as the amount accrued due to overpricing of
drugs from pharmaceutical companies, importer, distributor as per Section 13
of Drug Price Control Order, 1995?
(xi).When a separate “Ministry of Pharma and Medical Devices” as stated by
the Hon’ble Union Minister for Chemicals and Fertilizers in February 2018
would be formed?
(xii).When would the Central Government make “Uniform Code of
Pharmaceutical Marketing Practices (UCPMP)” statutory as prepared by the
Pharmaceutical Department (DoP) to control unethical marketing practices in
