NEW DELHI: The Supreme Court on Friday took suo motu cognisance of the issue of access to life-saving medicines after noting the prolonged pendency of a petition before the Kerala High Court concerning the affordability of patented cancer drugs.
A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana—after registering the suo motu case—issued notice to the Union of India (UOI) and sought a reply in the matter. The bench also requested the CJI of the Kerala High Court to ensure expeditious disposal of the writ petition which has remained pending for over four years. “Several times it has been adjourned,” the CJI said at the outset, adding that the bench will request the High Court to decide the matter expeditiously.
Advocate Aljo Joseph, representing the State of Kerala, informed the bench that the petitioner in the High Court petition has passed away. He submitted that the state government has since imported the medicine in question to make it available to patients at affordable rates.
Senior Advocate Anand Grover, appearing for the husband of the deceased petitioner, sought permission to intervene in the suo motu matter. He said the case raises an important national issue, as most life-saving medicines are protected by patents, making them prohibitively expensive.
Although the union government has the power under the Patents Act to issue compulsory licences, only one such licence has been granted since 2005, he pointed out. Joseph further informed the bench that after the petitioner’s death, the Kerala High Court continued the proceedings as a suo motu PIL.
“The problem is the Kerala High Court...57 times it was listed,” the CJI observed. “I was initially reluctant to take suo motu. I thought, Let the High Court take a view. But ultimately it was pointed out that the matter is not being decided,” Chief Justice of India Kant said.
He noted that after the petitioner’s death, the High Court expanded the scope by titling it “In Re: Exorbitant Pricing of Life-Saving Patented Medicines”, recognising the larger public interest. The Kerala HC petition, filed in 2022, sought a government use licence under Section 100 of the Patents Act for Ribociclib, a cancer drug. The union government had declined, saying breast cancer did not constitute a matter of national urgency.
The High Court, thereafter, appointed an amicus curiae (friend of the court) to assist it in the case, sought reports from the Union, directed scientific inputs, impleaded pharmaceutical manufacturers and called for data from ICMR. Despite being listed 57 times for a final hearing since January 2023, the matter remains pending.