New Delhi [India], October 10 (ANI): The Supreme Court on Friday dismissed a PIL seeking CBI investigation into the death of children in Madhya Pradesh and Rajasthan after consumption of toxic cough syrup.
A bench headed by Chief Justice of India BR Gavai declined to hear the plea after a brief hearing.
Advocate Vishal Tiwari, petitioner, said it was not the first instance of such adulterated medicine, and states are blaming each other; hence, a probe by one agency is needed.
Solicitor General Tushar Mehta, who was present in the courtroom, told the bench that state governments of Tamil Nadu, Madhya Pradesh, etc., will take steps in this regard.
"We can not trust the states. Of course, they will take steps," said Mehta.
Tiwari said there are several deaths of children, and there was no proper lab test or clinical trial done.
Mehta objected to Tiwari's PIL, saying whenever something happens, even though all institutions are in place, he reads newspapers and comes here.
CJI then asked the lawyer how many PILs he has filed. When Tiwari said he had filed eight to ten PILs, the bench dismissed his plea.
The PIL filed sought a retired Supreme Court judge to monitor a probe and inquiry into the manufacture, regulation, testing and distribution of contaminated cough syrups.
The petition called for the constitution of a National Judicial Commission or Expert Committee headed by a retired Supreme Court judge to conduct a comprehensive inquiry into the manufacture, testing, and distribution of contaminated cough syrups containing Diethylene Glycol (DEG) and Ethylene Glycol (EG), the same toxic compounds that have previously caused fatalities.
It sought direction to the Centre to set up a National Judicial Commission or Expert Committee to investigate the regulatory failures that allowed the circulation of substandard cough syrups, and to suggest robust measures to prevent such tragedies.
The proposed body should be chaired by a retired Supreme Court judge and include experts in pharmacology, toxicology, and drug regulation, it suggested.
The PIL also sought a direction to transfer all pending FIRs and investigations related to the child deaths due to poisonous cough syrups in various states to the Central Bureau of Investigation (CBI), under the supervision of a former Supreme Court judge, to ensure an impartial, coordinated probe.
Multiple state-level inquiries have resulted in fragmented accountability, allowing recurring instances of toxic formulations to reach consumers, it added.
As per the reports, several children died in Madhya Pradesh and Rajasthan after consuming Coldrif Cough Syrup, a formulation manufactured by M/s Sresan Pharma Pvt. Ltd., a Tamil Nadu-based pharmaceutical company.
The petition called for "immediately recall, seize and prohibit the sale and distribution of all batches of Coldrif Cough Syrup and any other formulations manufactured by M/s Sresan Pharma Pvt. Ltd., Tamil Nadu, or any related companies, pending toxicological clearance and verification of safety standards by independent NABL-accredited laboratories."
It further sought direction to the Centre to conduct nationwide mandatory testing of all syrup-based pharmaceutical formulations for the presence of Diethylene Glycol (DEG) and Ethylene Glycol (EG), and to publish the results of such testing in the public domain for transparency and public safety.
The petition sought direction to suspend or cancel the manufacturing licenses of pharmaceutical companies found involved in the production or distribution of contaminated medicines, and to initiate criminal prosecution against those responsible for the loss of human life. (ANI)
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