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Judgment
In the pre-lunch session, detailed arguments were advanced by the learned Additional Solicitor General, Shri U.U. Lalit, learned senior Counsel representing the Organisation of Pharmaceuticals Producers of India as also Shri Colin Gonsalves, learned senior Counsel for the Petitioners. In response to the persistent query made by the Court, learned Additional Solicitor General stated that he will be able to take instructions and indicate in the post-lunch session as to within what time the Government will take final decision on the new Policy.
In the post-lunch session, learned Additional Solicitor General placed before the Court letter received by him from the Secretary, Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers. The relevant portions of that letter are reproduced below:
This is with reference to our telephonic conversation on the on going hearing in the matter in the Hon'ble Supreme Court today.
The Union Cabinet will be in a position to take a decision on a National Pharmaceutical Pricing Policy by mid November, 2012. For this purpose a Cabinet Note is being submitted by 15th October, 2012 for its consideration and decision.
The Department of Pharmaceuticals will be in a position to notify the new policy within a week of being apprised of the Cabinet decision.
However, no commitment can be made on the parameters of the policy, as this lies within the domain of the Cabinet and the Cabinet will determine the issue of price fixation.
Since the Government has now indicated a definite time schedule for taking a decision in the matter, we deem it proper to adjourn the case to 27.11.2012.