Excelsior Correspondent
Srinagar, May 23: The Jammu and Kashmir High Court today disposed off the petitions filed by the two drug companies – M/S Medley and M/S Affy Pharma – and asked them to appear before the trial court and directed that the petitioners should not be arrested before next date of hearing in trial court.
A division bench of Jammu and Kashmir High Court comprising Chief Justice M M Kumar and Justice Ali Mohammad Magray while hearing the Public Interest Litigation titled Dr. Nisar-ul-Hassan Verus State observed that Court has not reached to any conclusion regarding the two companies.
The Court observed that since the investigations into the spurious drug scam is going on and investigations agencies can interrogate them (companies) as and when needed.
The court has, however, directed that petitioners may not be arrested till the next date of hearing in trial court that is on May 27.
It may be mentioned here that M/S Medley and M/S Affy Pharma had filed separate petitions in Srinagar and Jammu wings of the High Court against TADA Court order.
The TADA Court in Srinagar last month had issued non-bailable arrest warrant against 15 suppliers and manufacturers of a spurious drug Maxamizine-625 to Government hospitals in Jammu and Kashmir including M/S Medley and M/S Affy Pharma.
The Court had earlier clubbed the petition filed by the M/s Medley Pharma challenging the arrest warrant of TADA Court under Section 561 before Justice Virender Singh at Srinagar Wing of High Court with the PIL titled Dr Nisar-ul-Hassan versus State.
The Division Bench had also clubbed another petition filed by M/s Affy Pharmaceuticals Pvt. Ltd. through its counsels K S Johal and Inderjeet Gupta before the Justice B L Bhat at Jammu Wing of the High Court.
The Court in its order (23-05-2013) said: “We make it clear that trial court shall proceed in the matter without any influence of the order (High Court order).”
The Chief Justice observed that fair and impartial investigations may be carried out and anybody found involved in the scam shall not be exempted.
Advocate General of the State, Mohammad Ishaq Qadri today informed the court that five members of the Purchasing committee have been examined and questionnaire and replies are with the Investigating Officer of the Crime Branch. He told the court that an investigating team is examining the records about the drug scam.
Qadri said that the samples of the drugs have been sent to Forensic Laboratory for testing. He said that the inquiry into the scam is going on and the controller stores has been suspended and four members of the Purchasing Committee comprising Madu Khullar, Bridu Dutt Sharma, Lodika Khajuria and Fareeda Parveen have been transferred.
The counsel representing Kashmir Bar Association raised the query about repetition of the drug testing and the Advocate General replied that since the investigations are under process, certain things can’t be disclosed at this stage.
The former Director Health Jammu, Madu Khular, who was transferred after the scam moved an application seeking that he should be made a party to the PIL tilted Dr. Nisar-ul-Hassan Verus State. His counsel pleaded before the court that Khular is innocent and should be allowed to continue as Director Health Services Jammu. The court admitted his application and clubbed it with the PIL.
However, Chief Justice observed: “Since the investigation is on and we at this stage can’t pass an order to give clean chit to anybody.” Justice Magray on this issue said: “You should feel satisfied with the arrangements (transfer).”
The next date of hearing of the case has been fixed on July 1 after the summer vacations.
Meanwhile, the State Crime Branch (CB) today informed the High Court that it has recorded statements of 60 persons and seized voluminous record pertaining to supply of fake drugs to Government hospitals in the State.
The report also said that the CB had sent samples of the antibiotic for testing, which was found to be sub-standard, to a forensic science laboratory outside the State.
Computer hard discs of officials concerned have been seized and sent to a laboratory in Delhi for data analysis, the CB report said.
The investigating agency has also sent questionnaires to members of the Central Purchase Committee and Verification Board with regard to the purchase of sub-standard drugs.
The Health Department, in its report, informed the Court that the old purchase committee and the verification board have been disbanded and new members appointed to these bodies.
A division bench of the High Court is hearing a Public Interest Litigation filed by the Doctors Association Kashmir who are seeking registration of a criminal case against then Health Minister Sham Lal Sharma and members of the purchase committee for allegedly procuring fake drugs for Government hospitals in the State.
Trending Now
E-Paper
Follow our WhatsApp channel