Tag Archives: The Supreme Court

Congress lost Arunachal Pradesh: The SC approved new government formation

The Supreme Court of India today paved the way for a new government in the Arunachal Pradesh.

The Supreme Court today vacated its earlier order staying the revocation of President’s rule in Arunachal Pradesh.

The Supreme Court upheld the verdict given by the Gauhati high Court reading the disqualification of 14 Congress MLAs. This is a major setback for the Congress Party who was fighting the case against NDA government.

The Supreme Court said “Prima facie we are convinced that the MLAs were disqualified without being served notice,”

The Apex Court has rejected all arguments provided by Congress representative Kapil Sibal and FS Nariman.

Congress tried to ‘influence’ Supreme court as per former law minister HR Bhardwaj

Former law minister and old Gandhi family loyalist H.R.bhardwaj said that Congrees asked him to get ‘favourable’ decision from Supreme court of India regarding imposing President rule in Bihar 2005.

Lalu Yadav admitted later that the imposition of President’s rule by dissolving the newly-elected Bihar assembly in February 2005 was a mistake.

What did Bhardwaj say ?

“When President’s rule was imposed (in Bihar in 2005), the Supreme Court took upfront to this and many eminent lawyers argued in the matter. My three Cabinet colleagues came to me and said you are out now, you were lucky that you survived so long. I said no problem, it is the Rashtrapati who has approved the promulgation of President`s rule.

I took that stand. Then I thought why can`t I see Sabharwal. I had access to his house, we had coffee and discussion but I could not muster the courage to tell him to help me” HR Bhardwaj.

Who is HR Bhardwaj ?

HR Bhardwaj is an old Gandhi family loyalist and second longest serving Law minister after Ashoke Kumar Sen.He was governor for Kerala and Karnatka in past.

How SC verdict on Novartis’ patent plea brings relief to cancer patients

novartis-lost-patent-battle-for-glivec
The Supreme Court on Monday rejected Swiss firm Novartis’ patent plea for its cancer drug Glivec

The Supreme Court on Monday rejected Swiss firm Novartis’ patent plea for its cancer drug Glivec. A bench of justices Aftab Alam and Ranjana Prakash Desai rejected Novartis’ patent plea.

This historic decision given by Supreme Court of India is a victory for cancer patients. Due to this decision cancers drugs will be available at affordable prices. Big MNC’s can no longer arm twist patients as competitive players in the same domain will help to bring down the prices of life saving drugs.

Since India’s domestic drugs market is the 14th-largest market in the world, growing at 13-14% annually,  India is in better position to put it’s stand firmly.

Novartis expressed its disappointment over the decision. “Clearly, we are disappointed with the decision, Glivec is one of the most innovative products. It’s changed the way research in cancer will be done in the future forever.” Novartis said.

Novartis has decided not to invest in India in research and development though it will continue to launch new products.This has been announced in a press conference in Mumbai by Novartis India Ltd Vice-Chairman and Managing Director, Ranjit Shahani.

“We will continue with our investments in India even though cautiously, new products which we launched, we will ask for patents for these products and we hope that the ecosystem for intellectual property in the country improves.”, Shahani told mediapersons in Mumbai.

“The intellectual property ecosystem in India is not very encouraging.The decision shows that Indian law offers ‘limited intellectual property protection”, he further added.

Novartis was fighting since 2006 to win patent protection  for its cancer drug Glivec. The Indian Patent Office had rejected the patent application of Novartis in 2006.

Novartis had appealed against the decision by ‘The Indian Patent Office’ before the Intellectual Property Appellate Board (IPAB) in 2007, but the appeal was dismissed in 2009.

Later on Novartis approached the Supreme Court but has now lost here also. It is a major setback for Novartis.

Cipla Ltd and Natco Pharma Ltd is going to benefit from this decision as they sell  ‘generic’ Glivec in India at around one-tenth of the price of the branded drug.

YK Hamied, Chairman of Cipla  has welcomed the decision in a talk with Economic Times . YK Hamied said, “It appears to be a victory for India. There is nothing personal. It is for the patients of India and I only hope that this type of verdict will help the country get cancer drugs at affordable prices and it is actually a victory for patients and for access to medicines at affordable prices. That is all I can tell you at this moment.”

Union Commerce and Industry Minister Anand Sharma also hailed the Supreme Court’s verdict .