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2013 Supreme(SC) 1307

R.M.LODHA, ANIL R.DAVE
Swasthya Adhikar Manch, Indore – Appellant
Versus
Ministry of Health and Family Welfare – Respondent


Advocates Appeared:
For the Petitioners:- Sanjay Parikh, Mamta Saxena, Bushra Parvesh, A.N. Singh and Pukhrambam Ramesh Kumar, Advocates.
For the Petitioners W.P. 79/2012:- S.P. Singh, Sr. Adv. Colin Gonsalves, Sr. Adv. Jayashree Satpute and Jyoti Mendiratta, Advocates.
For the Respondents:- Siddharth Luthra, A.S.G., Ashok K. Srivastava, R.K. Verma, Supriya Juneja, Arjun, for Sushma Suri, Asha G. Nair, for D.S. Mahra, ISCR Manisha Singh, Riku Sarma, Navnit Kumar, Aruna Gupta, Assam, Avijit Roy, Vibha Datta Makhija, Anil K. Jha, Priyanka, C.K. Sucharita, Vimla Sinha, for Gopal Singh, Khwairakpam Nobin Singh, Amit Kumar, Pragyan P. Sharma, mandakini Sharma, P.V. Yogeswaran, Sagarika Noitra, Gopal Singh, Ritu Raj Biswas, Atul Jha, Sandeep Jha, for Dharmendra Kumar Sinha, Karnataka V.N. Raghupathy, V.G. Pragasam, S.J. Aristotle, Prabu Ramasubramanian, Ranjan Mukherjee, S.C.Ghosh, S. Bhowmick, R.P. Yadav, R-31 Raktim Gogoi, Abhisth Kumar, Abhinav Mukerji, Pragati Neekhra, B. Balaji, Vijendra Kumar, Shaikh Chand Saheb, K. Enatoli Sema, Amit Kumar Singh, Aruna Mathur, Yusuf Khan, Movita, W.B. Avijit Bhattacharjee, Chanchal Kr. Ganguli, Bikas Kargupta, Sarbani Kar and Debjani Das Purkayastha, Advocates.

ORDER :

In pursuance of our order dated October 8,2012, either the Secretary, Ministry of Health and Family Welfare, Government of India or Central Drugs Standard Control Organisation through Director General of Health Services, Government of India ought to have filed an affidavit on diverse aspects noted in that order. However, we find that an additional affidavit has been filed by Deputy Drugs Controller (India) in the Central Drugs Standard Control Organisation. This affidavit is hardly in compliance of the order dated October 8, 2012 and deserves to be ignored. We order accordingly.

2. We now direct that an affidavit in compliance of the order dated October 8, 2012 shall be filed within four weeks from today either by the Secretary, Ministry of Health and Family Welfare, Government of India or Central Drugs Standard Control Organisation through Director General of Health Services, Government of India. In the meanwhile, we direct the Chief Secretaries of the States other than States of Madhya Pradesh, Manipur, Union Territories of Dadar & Nagar Haveli and Daman & Diu to file their written responses on affidavit within four weeks from today. It will be the responsibility of Ms. Sus

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