Mumbai:
In an effort to challenge the recent Bangalore High
Court order invalidating the price-control mechanism of
the Pharmaceutical Policy 2002, the central government has
decided to file a new special leave petition (SLP) in the
Supreme Court.
The Department
of Chemicals and Petrochemicals has already started consultation
with the law ministry to draft the new SLP to take on
the Bangalore HC verdict, sources said.
The government
had earlier filed the SLP in the apex court to vacate
the ex parte stay by the Bangalore HC on the pricing part
of the policy. When the HC order was out last month, the
SC directed the government to file an SLP afresh as the
earlier one was not fructified.
The government
will have to file the SLP in three months time from
the date of issue of the final order, which means by 20
February 2003.
The
positioning would be that the HC order is wrong and the
policy being an executive matter, it does not fall under
the jurisdiction of courts.
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