IN
THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under Article 226 of the Constitution of India)
( DISTRICT ; VARANASI )
1. M/S D.S Research Centre,
147-A,
Ravindrapuri, Varanasi,
through
its Director, Sri S.S.Trivedi,
s/o Sri Mukh Ram Tiwari.
2. Sri S.S.Trivedi,
s/o Sri Mukh Ram Tiwari
147-A,
Ravindrapuri, Varanasi …………………………. PETITIONER.
VERSUS
1. State of U.P. through Chief Secretary,
Govt. of U.P., Secretariat, Lucknow.
2. Drug Controller (India) Director
General, Nirwan Bhawan,
New Delhi.
3. Union of India through Secretary, Ministry of
Medical Science
And Health, Govt. of India, New Delhi.
4. Drug Controller & Director Medical
Health,
U.P. Lucknow.
5. Senior Superintendent of Police,
Varanasi.
6. Drug Controller, in the office of Chief
Medical Officer, Varanasi
…………………………………..RESPONDENTS.
To,
The Hon’ble the Chief
Justice and his other companion Judges of the aforesaid Court.
The humble writ petition
of the abovenamed petitioner most respectfully showeth as under;-
1. That this is the first writ
petition filed on behalf of M/S D.S. Research Centre, which is indulged in
applying the Nutrient Energy Therapy extracted from as many as 1621 eatable
substance for successful treatment of dreaded diseases including Cancer. The
relief sought in the present writ petition is that since under Schedule ’J ‘
incorporated under Rule 106 of ‘The Drugs and Cosmetics Rules, 1945 stating
therein that diseases and ailments like Cancer and Benign Tumor, High / Low
Blood pressure, Appendicitis, Bronchial, Asthma, Diabetes. Hernia, Spondylitis,
Paralysis, Obesity, Leukemia and Aids etc. amongst the list of 51 diseases may
not purport to cure by a drug and under the garb of the aforesaid provision
although the eatable nutrient do not fall within the definition of 3-B(2) , as
such the respondents may be restraint from interfering in the research work
and for providing indigenous Nutrient
Energy Therapy eatable substance to the individuals suffering from such
diseases, no other writ petition has been filed by the petitioner M/S D.S.
Research Centre on the same cause of action, nor any notice of caveat
application has been received so far by the petitioner.
2. That the
petitioner no 1 and 2 are the same person as the society is represented through
juristic identity while the petitioner no. 2 is representing himself in
personal capacity in order to avoid the legal objection, if the same are raised
in respect of the infringements of individual fundamental rights of the
petitioner..
3. That at the very
out set it is submitted that firstly we have to rely the possibility of
applying Nutrient Energy Therapy for complete cure of dreaded diseases. In this
regard the result reached a continuity and fell into a system from the zeal and
enthusiasm of scientists involved in the indigenous research, have successfully
cured Cancer patients through slow process of Nutrient Energy Therapy by
stopping the growth of cell and replacement of the cell effected from Cancer by
Nutrient Energy Therapy. Today the truth is that about thousands of human being
have been completely cured from the rid of Cancer . It is submitted that the
cure of the diseases is by such preventive process which will never allow
Cancer is dare to stake upon the human organs infected by the abnormal growth
of cell of Cancer. Every ancient ingredients of indigenous research based on
our ancient traditional cultural heritage for cure of diseases by our great
sent through Nutrient Energy Therapy prepared from extract of eatable
vegetables and other herbal produce has let to complete eradication of
shivering destructive diseases. It is submitted that in the due process
ultimately the research centre based on indigenous nutrient energy therapy will
become the culture for the treatment.
4. That success in genetic scientist in
breaking of stone wall in Genetic Mystery by discovery that indigenous Nutrient
Energy Therapy in word of Medical Science and expressed strong optimism. The diseases now alleged to have been that
incurable under Rule 106 in Schedule ‘J’ and Drugs and Cosmetics Acts, 1945
like Cancer are proven to be incurable and Preventive Measurements on the
principle of Nutrient Energy and
conscious chemistry, which is contrary to Principle of Drug Therapies.
5. That the indigenous research of Nutrient
Energy Therapy popularly known as “Servapisti” has been tried on the terminally
advance cases of patients suffering from the incurable diseases like acute
Leukemia, Cancer- Liver, Cancer- Gall bladder, Astrocytama, Cancer-Brain,
Cancer- Bone and Sarcoma, which were considered to be most dreaded because of
their disastrous nature. The result of
achieving success in curing of 1000 of such patients by giving them a Cancer
free life have taken the staunchest
seceptics by surprise, which is
evident by perusal of Book written in a
simple and lucid style having exemplar 100 and even much cases suffering
from such dreaded diseases in scientific and evidential corroboration named
as “Cancer is Curable Now”.
6. That the message of D. S. Research Center sent
across the world is “Cancer is being defeated”.
This is on account of glaring evidence with irrefutable proves in
documents. The ability of treatment at
D. S. Research Center certainly improved due to contribution of generous human being who have experience
the cure from the dreaded diseases and
thus the D. S. Research Center has come out victorious against the
psychological impact generated by referring such diseases as incurable and
thereby provided the encouragement to all cancer patients and rekindle a new hope in them.
7. That the “ SCIENCE
OF POISON” could never become the science of ambrosia. This movement, though
rich with the trial of unimaginable and historic success has gained the
reputation and number of well wisher of patients suffering from dreaded
diseases use ot come to collect the indigenous eatable extract from the
vegetable known as SARVPISTI according to condition of ailments. Neither the
patients is required for examination at the centre, nor for getting any
diagnosis in respect of ailment. The research work is comprising on the basis
of report collected from the other centre dealing with scanning, X- Ray and
other pathological report issued by Doctors to become conversant regarding the
seriousness of the ailments. Thus the indigenous nutrient energy therapy
administered to the person suffering from the ailment is neither administered
as drug, nor there is any manufacturing of the drug from the centre.
8. That for the
convenient perusal of this Hon’ble Court, the relevant extract of definition of
Drug as contemplated in section 3 (b) (ii) of The Drugs and Cosmetics Act, 1940
is reproduced as under :-
“ 3
(b) (ii) such substance (other than
food) intended to
effect
the structure or any function of the human body or
intended
to be used for the destruction of (vermin) or insects
which
cause disease in human beings or animals, as may be
specified
from time to time by the Central Government by
notification
in the Official Gazette.”
9. That since the
drug is the substance other that food, and as such the indigenous nutrient
energy therapy administered for the cure of the diseases by preventive
measurement from the eatable food substance extracted from 1621 eatable
vegetables nutrients and 16 type of mineral water, are neither drug, not the
provisions of Drugs and cosmetics Act, 1940 are applicable on the aforesaid
centre.
10. That fear is an inherent characteristic of
human being. This is for the obvious reason as every minite 10 people die of
cancer. 10 in every minite means of 50 Lac in a year from such dreaded disease.
The World Health Organization is
anxious by having an apprehension that toll of cancer is double itself by 2015
A.D.. This be a threatening to vary existing whole human race. Thus the man may
not be completely helpless and be left at mercy of killer disease.
11. That there is no
illusion about the ability of M/S D.S. Research Centre to fight cancer. The
result of the complete cure has witnessed by the latest book published in 2000
known as cancer is curable now having the details of about 111 evidence of
success. Thus any coercive action against the research centre by the officials
of the drug controller by providing hindrance in research work and thereby
depriving patients from their legitimate right to collect the nutrient energy
therapy from the extract of eatable substance will be detrimental to the
interest of the patients suffering from cancer as well as the same is
unconstitutional and void.
12. That the objective behind conducting the
indigenous research by Prof. S.S. Trivedi is that the brother of Sri Trivedi
and Dr. Uma Shankar Tiwari namely Sri
D.S. Trivedi who was serving in Active Army died a premature death from some
unknown disease to which medical science could not even diagnose the nature of
ailment. This incident has derivated Prof. S.S.Trivedi for the cure of
incurable disease and thereafter he devoted the entire life from the year 1965
for conducting research through indigenous nutrient comprising of eatable
substance and after great labour and pasence upto the year 1983, now by getting
the extract of 1621 eatable substance and 16 type of water. The fruit of
success come for cure of such diseases.
13. That a certificate
of registration was issued in favour of Indra Deo Tripathi by Registrar, Indian
Medical Council, Lucknow. The true copy of the certificate dated 6.8.1965 is
being filed herewith and marked as Annexure
no. 1 to this writ petition.
14. That there after
the indigenous nutrient energy therapy for the cure of cancer and other so
called as non curable ailments was developed
at the M/S D. S. Research center after dedication of the service in
the research work through edible nutrients develop from the extract of 1621 substances of food
produces and any sort of Ayurvedic research has been left aside for
administering to the patients after creation of the society in this regards.
15. That M/S D.S.
research Centre is a society registered under Societies Registration Act on
23.6.1997 having its Head Office at 147-A, Ravindrapuri, New Colony, Lane no.8,
Varanasi. The true copy of the
registration certificate issued on 23.6.1997 is being filed herewith and marked
as Annexure no. 2 to this writ
petition.
16. That the Register
Society Under Society Registration Act, Which is Indulged in The Research Of
Getting the Extract From Indigenous Vegetable, Food And Other Natural Produce
for the cure of such alleged incurable diseases. There is neither any dispensary nor the
manufacturing of any chemicals used in the drugs and medicines. The patients
suffering from such disease are neither examined nor are called upon for
investigation and diagnosis of their ailments. The nutrient energy therapy in
the form of article through the extract of natural vegetation in the form of
the food are provided for the complete cure of the disease like cancer, acute
leukemia, brain cancer/ tumor, and other fatal ailments in which the result of
the complete cure from these diseases has been recognized by the public at
large after the dedication and efforts made in this regard by the director of
the institute.
17. That the objective
of society registered under the societies registration act are as
follows:-
To
conduct the research from the different angle relating to health and cure of disease from the vegetable substance
as per the food articles suitable according to geographical condition which may
provide nutrient energy therapy to the human being suffering from disease;
To
develop the research centre for analyzing result of nutrient energy for the
cure of the disease by serving the people;
To
conduct the Research and develop and expansion of the research indigenous method ;
To
provide nutrient energy for extract of eatable substance for serving the people
by realizing the investment cost from treatment;
To
provide training, publish literature, seminar, symposium, deliberation and
association of the scientists in field of nutrient energy therapy;
To
find out the possible cure of the disease like cancer, Aids, leprosy through
complete cure and prevention of such diseases by providing the nutrient
therapy;
To prevent the human being
from polluted atmosphere and for that purposes which may be helpful for
security of life to develop the method and procedure for its development;
To
implement by active cooperation, programme based on the policy of central Govt.
and World Health Organization.
The
true copy of memorandum of association alongwith bye laws of M/s D.S. Research
Centre and the list of members associated therein are being filed herewith and
marked as the Annexure no. 3 and 4
to this writ petition.
18. That initially the
petitioner applied for the licence under the Ayurvedic Siddha or Unani before
the Regional Ayurvedic and Unani Office, Varanasi in accordance with the
provisions of Ayurvedic Siddha or Unani drug with the name of Baba Vishwanath
Ayurvedic Sansthan in the year 1986. The
application was duly received on 16.2.1985 in the office of Regional Ayurvedic
and Unani Adhikari Varanasi. Thereafter
the licence bearing no. A1285/1986 was granted by the licensing authority. The
true copy of the application submitted on form 24/D and the licence issued
thereunder in the name of then M/S Baba Vishwanath Ayurved Sansthan are being
filed herewith and marked as the Annexure
no.5 and 6 to this writ petition.
19. That subsequently
by the Petitioner’s M/S D.S. Research center there are 1621 eatable substance
used for the purposes of preparation of nutrient energy therapy known as
SARVPISTI and also 16 type of mineral water is collected from the extract of
germinated 205 cereals like wheat, Gram, Urad, Mung, Masoor, Makka etc. The leave categorty (76) comprising of Tulsi,
Pan Maghai, Pan Meetha, Arhar, Sarson etc.Chhal category (55) comprising of
Semal, Jamun, Langada Mango, Himsagar , Gulab etc., Medicine Vanaspthi category
(51) comprising of Motha, Kastoori, Khas etc., Flower category (110) comprising
of Kakari, Kheera etc., Vegetable category (190) comprising of Bhindi, Parval,
Lauki, Phool Gobhi,etc., Fruit category (189) comprising of Imali, Amala, Bel,
Sakarkand, etc., Sag category (57)
comprising of Kamal, sarson, Mooli, Matar etc., Anna category (67) comprising
of Moth, Bajra, etc., Beej category (55) comprising of Sada Lauki, Kakari
Nariyal etc., Mool category (35) comprising of Shalparni, Gokhuru, Shatawari
etc., Gond category (17) comprising of Babool, Jamun, Neem, Mahuwa, Vargad
etc., Tadi category (4) Tad, Khajoor, etc., Oil Category(22) comprising of Kala
til, Mungphali,Soyabin etc., Tusa Dal category (43) Pakar, Guava, Amla, Chana,
Matar, Tulsi etc., Mewa category (14) comprising of Kaju, Kishmish, Badam,
/Akharot, Pista etc., Rus category (46) comprising of Kala Ganna, Jwar, Makka,
Bajari Kakari, etc., Kand category (10)
comprising of Sakarkand, Chini, marchini, etc., Phal- Chhilka category (30)
comprising of Anar ke Phal of Chhilka, Aam of Chhilka, Gulab Khas, Aphim
chilka,etc., Masala Category (46) Jeera, Dhaniya, Kali Mirch, Methi etc.,
Banaspati Dugdh Varg (38) comprising of Vat, Mahuwa, Goolar, Pipal etc., Milk
varg (50) of Cow, Bakari, etc., Kachche
Phal (42) Imli, Jalpai, Angoor etc., Khamir varg (85) Moth, wheat, chana etc.,
Phaphund varg (22) Kukurmutta, Aam ka Phaphund etc., Honey varg (9) Basak phool
of shahad, Kamal of shahad,etc., Vanaspati Dugdha (9) Bargad, Mathuwa etc.,
Kachche Dane (47) chana, Kabuli Chana, Matar etc., Water (16 type) of Gangotri,
Narmada etc., The true copy of list of 1621 eatable substance and 16 type of
water for preparation of Ambrosia is being filed herewith and marked as Annexure no.7 to this writ petition.
20. That under Rule
106 of Drugs and Cosmetics Rules, 1945, it has been provided that disease which
a drug may not purport to prevent or cure. As submitted earlier the ambrosia
Sarvpisti preparation for providing the indigenous nutrient energy therapy for
prevention and complete cure of disease through remedial measurement is not the
drug, nor the medicine to which the provisions of drugs and cosmetics act, 1940
or the Rule made therein in 1945 could have been attracted. For the convenient
perusal of this Hon’ble court the provisions of Rule 106 of Drugs and Cosmetics
Rules, 1945 are reproduced as under:-
“106.
Diseases which a drug may not purport to prevent
or
cure—(1) No drug may purport or claim to prevent or cure
or may
convey to the intending user thereof any idea that it
may
prevent or cure, one or more of the diseases or ailments
specified
in Schedule J.
(2) No
drug may purport or claim to procure or assist to
procure,
or may convey to the intending user thereof any idea
that
it may procure or assist to procure miscarriage in
women.”
That
the petitioner is also annexing the
extract of Schedule “J” incorporated
under the provisions of Drugs and Cosmetics Rules, 1945 w.e.f. 11.1.1996. The true copy of the Schedule-“J” is being
filed herewith and marked as Annexure
no.8 to this writ petition.
21. That the
achievement of the centre has been taken into consideration not only by the
scientists conducting the research for cure and prevention of cancer at
National Level, but also by the Minister Medical & Health Jaipur. A letter
was written on 25.8.1978 by indicating the fact the new medicine known as
Ambrosia, Rajubin, which was subsequently converted to ambrosia Sarvpisti has
taken the attention of Tara Prakash Joshi working as Additional Director in
Ayurved. The true copy of the letter dated 25.8.1978 is being filed herewith
and marked as Annexure no. 9 to this
writ petition.
22. That the Director
of Central cancer Ayurvedic research and Siddha, New Delhi was informed by Dr.
Shail Dubey Professor in Gynecology at Institute of Medical Science, B.H.U. for
the commandable work through nutrient energy therapy. The true copy of the
letter written by Dr.Shail Dubey dated 1.9.1987 is being filed herewith and
marked as Annexure no.10 to this
writ petition.
23. That the
petitioner’s research centre has not only cured about 4000 patients suffering
from cancer and other incurable diseases as alleged under Schedule “J” of rule
106 of Drugs and cosmetics Rules, 1945 ,
purported to be non-curable by drugs, but Mr. Ashutosh Kumar aged about 35
years s/o Hon’ble Justice Nagendra Rai of Patna High Court, R/o 2, Anne Marge, Patna got the nutrient energy therapy
provided for the cure of disease of cancer. It is submitted that on the basis
of report and the scan to a bone marrow transplant specialist, who discussed
the issue with Dr. Roberts Motzer , a renal cell specialist at Memorial Sloan
Kattering cancer centre at New Yark wherein it was diagnose that the presence of
metastasis in lumber vertebrae 4th rib has also infracted the lungs.
The case was referred to Dr. Adwani of Jaslok Hospital for giving radio therapy
to lunger spin and interferon ( Intron) injection. At this stage when Mr.
Ashutosh Kumar s/o Hon’ble Justice Nagendra Rai of Patna High Court was having
skeletal metastasis at vertebrae and multiple pleural mass lesions on 4th
rib and suggested for bone marrow transplantation in R.C.C.. At this stage the treatment was started at
petitioner’s centre wherein as per the report submitted on 17.4.2002 there was
the remarkable recovery from treatment. The true copy of letter of Dr.Vinod
Prasad M.D. Bone Marrow transplant service based after consultation with Dr.
Roberts Motzer at Memorial Sloan Kettering
cancer centre New Yark and diagnosis as held on 27.9.1991, application form of
Mr. Ashutosh Kumar dated 10.11.2002 and
the recovery by administering Sarvpisti as shown in the letter dated 17.4.2002
for the ailment of cancer are being filed herewith and marked as Annexure no.11,12,13 & 14 to this
writ petition.
24. That the
petitioner is submitted a paper cutting of news item reported on 15.3.1985 in
the news paper namely Indian Nation having the de-licensing of about 25
Industries in fulfillment of certain specified conditions, wherein at item
no.15 even the anti-cancer drugs developed through indigenous research with
de-licensed by the central govt.. Thus there was no occasion to adopt any
coercive action against the petitioner by research centre conducting indigenous
research for nutrient energy therapy. The true copy of report/ article
published on 18.3.1985 in Indian Nation is being filed herewith and marked as Annexure no. 15 to this writ petition.
25. That pursuant to
the aforesaid encouragement, the petitioner’s research centre sought for
patronage of Govt. of India in furtherance of research work epeach making
achievement form then Hon’ble Prime minister (Late) Rajeev Gandhi. The entire
achievement which were highlighted in the said letter is to the aforesaid
effect that nutrient energy is the sole prescription of nature for keeping of
help, resisting unfavourable condition and curing ailments. One food is
reserver of this energy. This was message conveyed by Dr.U.S. Tiwari
and Prof. S.S.Trivedi who is now the Director of research centre. The true copy
of the letter written to then Prime Minister (Late) Rajeev Gandhi on 30.9.1988
is being filed herewith and marked as
Annexure no.16 to this writ petition.
26. That despite all
these achievement conducted by the petitioner’s research centre in cure of
alleged incurable diseases, the branch of research centre situated at 160, M.G.
Road, 1st Floor, Kolkata was put to the arbitrary restriction in carrying on
distributing the nutrient energy therapy (SARVAPISTI) to the person effected/
infected from alleged incurable disease under the garb of violation of certain
provisions of Drugs and Cosmetics Act. 1940 and Magic remedial Act (
Objectionable advertisement ) Act, 1984.
There has been the mass resentment against the action of Director of
Drugs controller, 147, A.J.C. Bose Road, Kolkata-14. It is submitted that in
the aforesaid action the nutrient energy therapy (sarvapisti) of about
1,50,000/- has alleged to be seized by the Inspector of Drugs and Director of Drugs
control, Kolkata. By the aforesaid
action the entire research work which was conducted from branch office of
Kolkata has been adversely effected in respect of providing relief to the
persons suffering from cancer. A large scale resentment was also conducted by
the public due to non-supply of Sarvapisti to the patients.
27. That even the
Doctors of the International reputation and Physician namely Sri Vasudev M.
Patel settled at 3015, Sixteen street, Monaroe U.S.A. has reported the vital
recovery from their ailment. Similarly one Doctor namely T.Jagannathan who
completed M.B.B.S. in 1960 from Madras Medical college and F.R.C.S in 1968 from
Canada and working from 1972 to 1998 as urologist has acknowledges that the
administration of Sarvapisti does not have any side effect as the aforesaid Dr.
has started taking the nutrient energy therapy acknowledged the positive result
. Thus the centre of petitioner for its service to humanity. Similarly one Prakash Chuganey s/o Mrs.
Kavita Chuganey c/o Memorial Gift Shop, 2 Glouster Avenue, Montego Bey Jamica
has reported that the nutrient energy therapy (medicine) of D.S. research
centre has done wonders to cancer patients and sought for sending it for cure
of her mother. The true copy of the letter written by N,R.I. on E-mail dated
12.6.2002, 27.6.2002 and the letter of T.Jaggannathan M.D. from U.S.A. are
being filed herewith and marked as Annnexure
no.17,18 & 19 to this writ petition.
28. That similarly Dr.
P.G. Rath M.D., D.M. (Cardiology) Vellore Senior consultant Director at Apolo
Hospital, Hyderabad sought for providing the nutrient energy therapy of
Sarvapisti to his wife Dr. Savita Panda and send the demand draft of Rs.2350/-
for aforesaid purposes. The true copy of the letter written on 9.7.2002 to
research centre is being filed herewith and marked as Annexure no.20 to this writ petiton.
29. That even the
cancer surgeon of Jaslok Hospital and Research Centre namely Dr. Vijay
V.Haribhakli M.S. has recommended the patient namely Sri Shivaji Gupta
suffering from tongue cancer for administering Sarvapisti therapy. The true
copy of the letter written on 8.11.2001 by Cancer Surgeon of Jaslok Hospital to
the petitioner’s research centre is being filed herewith and marked as Annexure no.21 to this writ petition.
30. That Dr. Sheela P.Naik
M.D. D.G.O. of Dr. Desai Hospital at Mumbai wrote a letter regading the
infection to her husband for advance metastatic prostate cancer from last three
years. He was operated for removal of testies three years back and
radiotherapy. There was involvement of lumphordes liver and thus the advise was
sought from petitioner’s research centre for treatment and thereafter he was
given nutrient energy therapy from the centre, the true copy of the letter
dated 11.4.2002 of Sr. Sheela P.Naik of Dr. Desai Hospital is being filed
herewith and marked as Annexure no.22
to this writ petition.
31. That the lecturer
of surgical archeology of Gujrat cancer Research Institute, Ahemdabad has
submitted report of his perfect health and stated for completing the Kailash-
Mansarowar Yatra successfully after administering the Sarvapisti for which a
Bank Draft of Rs.2350/- was sent to the petitioner’s centre. The true copy of
the letter of Dr. Shubha Sharma M.S. Surgery Lecturer in Gujrat Cancer Research
Institute, Ahemdabad dated 17.2.2002 is being filed herewith and marked as Annexure no. 23 to this writ petition.
32. That Sri Shamir
Kr. Shah M.D.B.M. R.D. consultant Radiologist and Sonologist of Hon’ble Smt.
B.C.J. General Hospital Santakruj submitted the report of his sister-in-law Miss.
Neeta N. Shah and sought for the cure of disease of infleterating Duct
Carcinoma. The true copy of the letter written by Dr. Shamir Kr. Shah on
19.2.2002 is being filed herewith and marked as Annexure no.24 to this writ petition.
33. That the letters written from Mahatma Gandhi
Institute of Medical Science by the Dean of the institution stating therein
that after reading the book that cancer is now curable the international
conference of Ayurveda, Yoga and naturopathy sought to invite Prof. S.S. Trivedi
of D.S. Research Centre. The true copy of the letter dated 11.6.2001 of Dr.
O.P. Gupta of Institute of Medical Science is being filed herewith and marked
as Annexure no.25 to this writ
petition.
34. That there are
number of patients recommended by the prominent doctors and respectable
citizens indulged relative of the Hon’ble Judge and one such letter has been
written by SR> S.K.Prasad, Joint Directore of General of Foreign Trade
Ministry of Commerce has reported significant recovery of condition of patient
suffering from cancer through C.T. Scan and thereafter the liver function and
kidney function were reported successfully and sought for sending the
Sarvapisti through courier. The true copy of aforesaid letter dated 16.7.2002
is being filed herewith and marked as Annexure
no.26 to this writ petition.
35. That there are
number of news articles part from the articles published in different news
papers as contained in the Book-let, published from time to time in the leading
newspapers of the country regarding the achievement shown through indigenous
nutrient energy therapy for cure of the cancer. It has been reported in the
aforesaid articles that how the sarvapisti has provided the new dimension for
curing the cancer. It has been stated that the person cured would have been in
Lakhs if the proper incentives were given to the proper centre. The true copy
of the paper cutting highlighting the positive result regarding the cure of
cancer in different newspapers by administering the sarvapisti to the person
effected by the cancer are being filed herewith and marked as Annexure no,27 collectively to this
writ petition.
36. That the
petitioners are seeking the direction from this Hon’ble Court restraining the
respondent from interfering in the charitable/ research center indulge in the
process for cure of the Cancer by using herbal and other vegetables in the form
of diet to such patients who are suffering from disease of Cancer.
37. That it has also
been written in some of newspapers on the basis of research conducted that the
noble prize winner scientists Dr. Kary Giloz has claimed that disease of Aids
has been created as the hox for the implied reason for earning by the person
associated with medical and health services and also dealing with the drug
business. The true copy of the report published in Sanmarg at West Bengal to
the aforesaid effect is being filed herewith and marked as Annexure no. 28 to this writ petition.
38. That inspite all
these positive effect of indigenous research in preparation of sarvapisti for
cure of cancer, there has been a further measurable condition suffered by the
person under going the ailment of cancer. The desperate patient on account of
providing the ban by the office of Drug controller and Enforcement Branch have
contacted the petitioner’s vcentre at Varanasi from Kolkata wherein restriction
was enforced in the branch office at 160, M.G. Road, Kolkata, the matter was
highlighted by the association for protection of cancer patients rights through
its Secretary Ranjan Dutta at Kolkata to West Bengal Human Right Commission
Chairman SR. Mukut Gopal Mukarjee with a prayed to resume the supply. The true
copy of the article published in different news papers regarding ban imposed at
the branch office of Kolkata by Drug Controller is being filed herewith and marked
as Annexure no. 29 to this writ petition. The extract of articles published in
different newspapers throughout the country regarding the cure of cancer by the
petitioner’s research centre which were compiled as book let and the book of
Research cencer namely the cancer is curable shall be produced at the time of
argument, if directed by the Hon’ble court to the counsel for the petitioner.
39. That It is Irony
of fate that we have won our independence on the basis of original and novel
experience but those ideals and philosophy for emancipation of Indian masses
for social reconstruction’s have not been taken into consideration. After all, we are at present the product of
our personal prejudices, great, lust and power which has ultimately resultant
in maintaining the British domination for about two centuries on the policy of
“Divide and Rule” which has been convincible adopted by an politicians for
ruling over the illiterate masses.
40. That A picture of
disharmony in the epic of progress has never imperiled the fundamental of duty
and obedience, which is the basis of social discipline. A disaster, chaos, confusion, murdering the
fellow citizen in brutal manure just not satisfying the carnal desire has now
emerged in society. The impact of
working of our legal system in political set up, in an anarchic conditions
prevailing, terrorism, brutal Killing, violence, lawlessness, religious
fantasia, regionalism and psychological retardation of men-counter productive
policy for reaching effect detrimental to public exchequer may protest the
country.
41. That the
Association for Protection of Rights of Patients having its Head quarter at
b-1/84 B Assi, Varanasi (an un-registered society) has filed a writ petition
with the prayer sought from this Hon’ble court restraining the respondents
union of India, Director General Drug control, Drug Control Medical Health
U.P., Licensing Authority of Ayurvedic Medicine, U.P. , Medical council of
INDIA< U.P., Incharge Drug Section Enforcement branch Kolkata seeking writ
of mandamus for restraining the respondents from interfering in any manner with
the research centre of the petitioner providing nutrient energy therapy through
the extract of vegetable and other natural environmental natural produces by
administering the nutrient energy therapy to the patients suffering from cancer
etc. at the petitioner’s research centre. The provisions of schedule “J” of
Rule, 1945 stating 51 diseases as incurable and direction issued therein not
purport to prevent / cure of such disease as unconstitutional or in the
alternative the right of patients suffering from such diseases and taking
herbal nutrient energy therapy given in the form of extract of vegetable and
indigenous nutrient energy therapy as eatable fruit may not be attracted with
the aforesaid provision of drug and cosmetics Act, 1940.
42. That Justice is
the end of government in order to enjoy the peace of mind. Law is a means to an end. The essence of law is duty. It is a result of constraint struggles and
conflicts with a view to attain the peace of mind. Law is the guarantee of condition of life is
society assured by State power of constrain as legal institution may provide
stability in the social and political affairs.
The essential principle to learn is the basic principle of jurisprudence
by adopting a positive approach for imparting the real justice to the
individual in the society. The legal
system is immolation of the legal invention for protections of Human behavior,
which may maintain infuse relationship for the advancement of mankind.
43. That in the
aforesaid writ petition no. 33289 of 2002, the Association for Protection of
Patients Right has submitted that on one hand the indigenous research like that
of research conducted at the petitioner’s centre are put to the arbitrary
restriction for upliftment of cause of down trodden citizens, suffering from
cancer who are taking nutrient energy therapy through indigenous natural
vegetation under the garb of provisions of Drug and Cosmetics Act, 1940, while
on the other hand the toxic substance under the authority of giving the license
to coca-Cola abd Pepsi which is causing ulcer, reanal failure and also cancer
in some of cases are advertised through Audio visible Media like Door Darshan.
These commodity are sold under the banner of soft drinks known as Coca-cola,
Pepsi, Thumsup, Mirrinda in utter violation of food adultation Act. Thus the
Door Darshan through its Director and Managing Director of Pepsico India Pvt.
Ltd and Hindustan Coca-Cola Beverage Pvt. Ltd. Were impleaded as the respondent
no. 1 to 11 in the aforesaid Public
Interest Litigation. The aforesaid P.I.L. has been admitted by the Hon’ble
Chief Justice and Hon’ble Mr. Justice Ashok Bhushan on 12.8.2002. The true copy
of the order passed in writ petition no. 33289 of 2002 dated 12.8.2002 is being
filed herewith and marked as Annexure
no. 29 to this writ petition.
44. That in this
manner since the petitioner’s research centre has been impleaded as the
proforma respondent in the aforesaid writ petition no. 33289 of 2002 and it has
came to the knowledge of the petitioner through his counsel that notices have
been issued to the respondents including the petitioner of present writ
petition, the present writ petition may also be directed to be heard alongwith
aforesaid writ petition.
45. That recently on 14.8.2002 an article has been
published in Pioneer news paper that the scientists in America is now claiming
that cancer is now curable. On the other hand the American scientists on the
basis of research conducted by our indigenous nutrient energy therapy are
getting the cure of cancer in their country , while on the other hand in order
to achieve the commercial advantage upon the innocent citizen having the Phobia
created by the Govt. of India regarding the diseases of cancer as incurable are
indulged in the research for cure of cancer. The true copy of the news item
published on 14.8.2002 is being filed herewith and marked as Annexure no. 30 to this writ petition.
46. That The effect of globalization on our legal
system shall lead to a situation as the frames of our constitution have
miserable forgotten the basic and elementary principle of jurisprudence and
legal theory that every right implies the forbearance on the part of others to
performing his duty. Every right is
co-related and co-existence with duty.
47. That since the
respondents after receiving the information in respect of the filing of public
Interest Litigation by the Association craving for protection of patients right
has sought for issuance of notice to the respondents, similar to the treatment
given to the branch office of centre at Kolkata, the respondents have started
harassment by alleging that provisions of Drugs and Cosmetics Acts and Rules
therein including Rule 106 and Schedule”J” are applicable for taking action
against the advancement of research from the petitioner’s research centre. The
respondents under the garb of law Enforcement Agencies aided by the Police
authority are providing the detrimental effect upon the right of patients by
providing unreasonable restriction for conducing research and survival of the
research centre through the cost realised from the patients by this charitable
institution only to the extent of the investment incurred in this regard. The
aforesaid action of the respondents is violative of Article 14, 19(1)(a))g) and
21 of the constitution in respect of the rights of the patients. Thus the
respondents may be restraint from interfering in any manner from the rights of
petitioner’s society to carry on the research for the complete cure of dreaded
disease of cancer which are alleged by the respondents as incurable from the
drugs.
48. That the
petitioner has been advised to submit that since the research conducted at D,S.
Research Centre is for the protection of our cultural heritage by preventive
measurements and thereby saving the patients suffering from the alleged
incurable disease from its side effect and as such the performance of research
centre is for the achievement of such indigenous advancement of the scientific
temperament amongst the citizen as to provide them the feeling of security from
the alleged propaganda created on the behest of multi-national companies
supporting the drugs and medicine on the trend of British India Company under
whom the country remain in clutches of slavery for a considerable period.
49. That the birth of socialistic pattern of
society and mixed economy with confounded speculation about India’s starvation
of our potential of unlimited reservoir of skilled labor and abundance trader’s
skill, which have been reserved with
diversification, of vertical political interest, not in favour of people, but
for the interest of political ambitions.
This has provided an obstacle to our inherited great skilled splendor
intelligence and our superior perennial sprit to naught. That it is the duty of
every citizen to cherish and follow the noble ideas to promote the harmony and
the spirit of sensational diversities to preserve the rich heritage of our
composite culture. There is an endeavor
to develop the scientific temper, humanism and spirit of enquiry and reform to
strive towards excellent in all spheres including the development in the
process of using indigenous products for the eradication of the prevailing
ailments, where is ordinary medical service has yet to invent proper medicines.
50. That still now the
Fight is between Man and Cancer: it should have been between treatment and
Cancer: Let us study the present state of affairs. Ten in every minute dies in
cancer . This means more than 50 lakh a
year- a large chuck of the population—that can even create a panic in a metro city.
That too is not the extreme point of worry for the nation.
51. That the graph is
continuously rising giving signal of more dangerous time ahead. The World Health Organization is anxious
about it. It apprehends the toll of
Cancer will double itself by 2015 A.D.
Even then the situation will not come to a static position. The trend of the graph reflects that this
will be a disastrously continuous process—threatening the very existence of the
whole human race. So, it appears man is
completely helpless and is at the mercy of the killer disease. Where does man really stand vis-à-vis this
situation? On the other side of this
rising trends, Cancer graph in the whole human race, who have no role, as is
enunciated by mathematical rules, to play in the behavior of the graph for the
eradication of the trouble.
52. That the
petitioner has been advised to submit that the effect of globalization to
invite the drugs manufactured in the western country, which are suitable to do
geographical condition of having low temperature, but in the country like India
the circulation of such drugs, which are
generally prepared through toxic and poisonous substance is not only
detrimental to the health and hygienic condition of patient, but ultimately it
may lead for getting so many side effects, which creates a psychological effect
in the mind of patients that they have come across to a situation where there
is no other alternative except to commit suicide in view of fact that even the
Govt. has taken into consideration that these disease are incurable.
53. That in order to
maintain solidity and integrity in the nation and as the vary foundation on
which our freedom struggle was fought by the father of our nation could have
been saved, it is necessary that respondents may be restraint from providing
the interference to the rights of the petitioner’s research centre providing
restraint from supporting the indigenous nutrient energy therapy to the persons
suffering from ailments of cancer and other alleged incurable diseases.
54. That the power
entrusted under the rule of the law with authority is required to discharged
truly, objectively, expeditiously and with individual responsibility failing
which cost should have been imposed for committing public injustice. This time is flying. Implementation of strong idea for betterment
of mankind requires stead fast wisdom.
An Iran cage not having a single window for its ventilation and the
inmates lying in the sound sleep, and, if
we shout ,whether we are doing a good turn to same lighter sleeper?
55. That Let us begin
with a new and triumphed idea to burst every chain which tends to paralyze the
effects to push forward. A single day
light may shallow the darkness of night. Every power tends to corrupt, which is
opposed to democracy and social order and thus absolute power tends to corrupt
absolutely. Thus our constitution
demarcates the three major instruments of power in their jurisdiction minutely
and expects them to exercise their respective powers without overstepping their
limits. The doctrine of separation of
powers in its absolute rigidity is not recognized in the constitution. The functions of different branches of the
government have been sufficiently differentiated and our constitution does not
contemplate assumption, by one organ or the part of the State of functions that
essentially belong to another.
56. That the duties
imposed on the functionary of the government in the chapter of fundamental
rights are being carried by interpreting them on the rights of citizens and
thus being enforceable by the superior judiciary and even the liability of
Executive functions is regulated by the court of justice through judicial
activism. The range of judicial review
recognized in India is perhaps widest and most extensive.
57. That the dividing
line between an administration power and quasi-judicial power is quite thin and
is being gradually obliterated. The
concept of quasi-judicial power has been under going a radical change. Let the executive may also give up its privilege
orientations and start building nation through there utmost potential. The higher bureaucrats may fix their
responsibility and public accountability.
Towards and unless this responsibility in nipped in the bud, it is
likely to cause turbulence shaking the entire socio-economic political system
in an otherwise healthy, wealthy, effective and vibrating society.
58. That the feeling
of guardian of patients suffering from the diseases of cancer has already been
demonstrated by the perusal of contents of writ petition no. 33289 of 2002
filed by the Association for Protection to Patients Rights when the cloud of
restrain provided to the centre at Varanasi was foresighted by the aforesaid
association. This was in anticipation of the factor that since the branch office of Kolkata has
been closed by the action of
respondents, let the patients suffering from cancer and diagnose on the basis
of test who are under going the indigenous nutrient energy therapy from petitioner’s
research centre may not suffer irreparable loss at Varanasi. However, the
respondents instead of going through the sentiments of public at large who
wanted to get complete cure of disease of cancer through Sarvapisti, the
respondents have not provided harassment to the Incharge of Research Centre.
Thus the petitioner has come forward for the protection of its right in
conducting the research work for complete cure of cancer through the efforts of
petitioner charitable society, which is realizing only the cost incurred in
preparation of sarvapisti and the investment made in respect of conducting the
research work, management of centre and
other expenditures regarding the salary to the employees are realized from the
guardians of such patients. There is also encouragement in respect of financial
support from the charitable oriented minded citizens and other institution for
the upliftment of cause of the patients.
59. That Progress is
ensured and development helped if each performs his role in the common
endeavor. Fairness is a fundamental
principle of good administration “State has descended into the communal field
as men the State of public exchange is also large justifying larger social
audit, judicial Central and service by opening of public gaze.
60. That Justice is a
psychological yearning in which men seek acceptance of their view point. Our independent Nation has chosen political system. The vitality of democratic process the ideals
of social and economic egalitarianism the imperatives of socio-economic
transformation envisioned by the constitution as well as the rule of law and
great values of liberty and equality are all dependent on the tone of judicious
place in judicial process. There is
innovation of new devise and strategies for the purpose of presiding occurs to
denied basic human rights to down trodden or socially and economically
disadvantageous individual unable to approach the court for relief. The narrow concept of cause of action and
person aggrieved and individual litigation is becoming dissent. The maxim of ill justice is remedies have now
enlarged to embrace all interests of public minded citizens.
61. That article 14
has a pervasive potency and versatile quality, equilitarian in its soul and
allergic to the discriminatory dictates.
Since equality is antithesis to arbitrariness, any action which
repugnant to the fundamental rights provided to the charitable society indulge
in the cause of research for the cure of fatal diseases like Cancer, AIDS etc
shall be deprivation of the right expression and to impose an arbitrary restriction upon a scientific temper of an
individual indulged in the research such an important function of the society.
62. That on 6-7 August 1987 the center Ayurved and
shidh research center council new Delhi invited the Director of D. S. Research
Center for conducting the research upon one girl namely Km. Poonam Sinha aged
about 15 years suffering from acute leukemia (Blood Cancer) undergoing the
treatment at All India Institute Of Medical Science. This patient was lying on death-bed and
waiting for the death. It was directed
to get her cure by the indigenous nutrients energy therapy and the formation
there of known as ‘Servapisti’. After 8
month of continuous administration of the nutrients energy therapy, the girl
not only completely recovered from the alleged incurable ailment but she has
also started playing and attending the school regularly. The Director of All India Institute of
Medical Science wrote the personal letter to D. S. Research Center for getting
the nutrient energy therapy known as Servapisti and to get an copyright but in
absence of not attracting the definition of as contemplated under the Drugs and
Cosmetic Act 1914, the registration of the ‘Servapisti’ could not become
possible. It is in the year of 1989 that
Km. Poonam was completely cured from the alleged incurable ailment of Blood
Cancer known as Acute Leukemia and thereafter attending the higher education,
she was married. This was the case which
has created the history in the research conducted through indigenous nutrient
energy therapy for the cure of the Cancer.
The detail of the aforesaid achievements is displayed in the book ‘
Cancer is Curable now’ on page no. 72 which is filed herewith and marked as Annexure no. 31 to the Writ Petition.
63. The State Government of Bihar organized a
seminar and a conference at Patna
Medical College and Hospital. It was on
account of the failure of the government that such a indigenous research could
not get the proper recognition. It is
submitted that in case the government would have provided the attention for
obtaining the positive result by administering the nutrient energy therapy to
the patient suffering from the Cancer, there would have been the remarkable
achievements in the aforesaid research. There would have been the following advantage
to the citizens and also to the Central Government by the encouragement of the
research center.
I- That
lakhs of patients suffering from cancer would have been completely cured.
II - There
world the import of the medicine from the foreign country in the tune of
thousands of million dollars every year in the form of Indian currency. The public exchequer would have been changed
through such nutrient energy therapy provided to the patients instead of being
dependent on the Allopathic Drugs which are mostly made up of toxic and
poisonous substance and thus having its side effect upon the other portion of
the body.
III - There
would have been the export of the indigenous nutrient energy therapy known as
‘Servapisti’ which could have been able to extract thousands of millions
dollars per month as the foreign currency amenable to the country. This would have been to provide a substantial
relief from the debt already tend a mounting to the monstrous inflation
resulting in steep fall in the value of money.
The government is responsible for such apathetically attitude adopted by
neglecting the outcome of indigenous nutrient energy therapy in our country.
64. That there has
been persistent request made by the D. S. Research Center to the Central
Government. State of U.P., State of Bihar, State of Kolkata and the achievement
of the indigenous nutrient energy therapy for the cure of cancer has been
highlighted in the Newspaper Hindi, English, Bangla, Marathi and Gujrati
language but no attention has been provided so far and the Central Government
as well as State Government has put a
curve through the deep here without providing any heed to the aforesaid achievement conducted by the
D. S. Research Center. There has been
the assessment of the achievement conducted through such indigenous nutrient
energy therapy and the matter is
highlighted to the aforesaid extant in
the different newspaper-
I That the scientist and the government may get the proper assessment of the
achievement conducted through its research by administering the nutrient
energy therapy known as ‘ Servapisti’.
II The aforesaid indigenous nutrient
energy therapy research would have provided a revolutionary steps. Unfortunately neither the State Government
nor the Administration has taken any consideration to our indigenous cultural
heritage and absence of proper documentation of the research conducted in this
regard the country has under gone a tremendous and irreparable loss in the form
of the achievements conducted by the D. S. Research Center.
65. That the D. S.
Research Center has not indulge in itself for making the advertisement for the
sell of indigenous nutrient energy therapy in any one of the newspaper till
date. It is on account of the good-will
of the patients who have been remarkably cured by such the indigenous research
and it is after collecting the report from them the publicity by the
well-wisher has been highlighted in the different newspaper. There is neither any sell conducted from the
D. S. Research Center nor the patients are examined. There is no investigation and the diagnosis
conducted at the symptoms. It is only
basis of report of the pathology department and the history of the patients and
the disease diagnosis through Scan and other Radiology Center that the
‘Servapisti’ is given to the well-wisher of the patients at the research and
development cost from the center. There
is neither any money extracted as a profit earning business but every sort of
the donation which are provided through the well-wisher after getting the
positive results for the cure of there relatives, the D. S. Research Center is
functioning as the charitable institution in consonance with the objective of
the society. There has been the full
descriptions of the details at the page no. 50 of the book titled as’ cancer is
curable now’ which may kindly taken into the consideration.
66. That it has been
highlighted by the patients in their writ petition no. 33289 of 2002 filed on
behalf of the association for protection of patients right that it is on the
behest of the international multinational company indulged in the sell of the
Drugh and cosmetic through the import license from the Central Government that
the raid was conducted at the Kolkata Center.
The indigenous nutrient therapy known
as’ Servapisti’ is neither a drug nor the drug controller was having any
authority to conduct the raid upon the functioning of the branch office of D.
S. Research Center. The Hon’ble Court
after admitting the aforesaid writ petition has directed the issuance of the
notice to all the concerned party who have been impleaded as the respondents in
the aforesaid writ petition.
67. That it appears
that as soon as the notices were received by the answering respondents of the
writ petition no. 33289 of 2002 as the Chief Secretary of the State of U. P.,
Drugs Controller through its Director General, New Delhi as well as Lucknow,
Ministry of Medical Science, New Delhi as the respondents. It is in view of the aforesaid facts that a
notice have been received from the office of C. M. O. Varanasi making certain
enquiry about the functioning of the petition center. There is no authority vested with the C. M.
O. to make an enquiry as to what are the qualification of the person indulged
in the research. There would have been
no occasion to enquire about the ingredients and the nature of the drug as the
indigenous nutrient energy therapy a simply the food articles wherein a
particular ratio of its ingredients may be able to get the preventive and
curable quality over the patients suffering from the alleged incurable disease
known as Cancer. It is submitted that it
is only by providing the nutrient for the resistance over the spreading of the
disease cancer that after the consistent efforts, the patient is completely
cured without any side effect and other ailments to the human body. Thus the action of the C. M. O. Varanasi by
issuance of the notice to the petitioner center is wholly arbitrary, illegal
and void.
1.
That
the notice has been given by the drug controller in the office of the Chief
Medical officer stating therein that after receiving the letters of the
Patients submitted in the office of the District Magistrate, he went to make
the contact at the Petitioner’s centre but
could not meet to shri Trivedi. Thus a notice is given to show as to whether
the D.S. Research Centre is indulged in
the business of administering the drugs to the patients after realisation the
cost thereof and whether the Nutrient Energy Therapy known as Sarvpisti is
available in the market for purchase. This notice dated 22/8/2002 has been
replied by Sri S.S.Trivedi, Director of the Research Centre on 31/8/2002. It has been said that Sarvpisti is neither
the medicine nor a drug and this is prepared from the extract of vegetable
substances comprising of 1621 natural vegetation and is an edible substance.
Thus the same does not fall within the definition of the drug nor is being used
as a drug. There is neither any distribution of Sarvpisti in the market, nor it
is available to any one for purchase except to the volunteer coming at the
centre for providing the proper nutrition to the patients suffering from the
dreaded disease as the best cure of the disease is to proved resistance in the
body to get the preventive cure of the alleged incurable disease through
indigenous nutrient energy therapy. The true copy of the notice dated 22.8.2002
and the reply submitted on 31.8.2002 are filed herewith and marked as Annexure no.32 to this writ petition.
2.
That from
no stretch of imagination, it could have been taken that whether cancer has yet not became
weak or it is still a deceptive, dangerous,
painful and cruel, which quickly destroy the life and its health system. Thus no laxity can be allowed in tackling the
diseases. Servapisti is in its nascent
stage of research and testing and it is not available in the open market, but
is provided to such person having failed to cure the dreaded disease like
Cancer on the cost of administrative expenses without having any commercial
transaction in the process.
3.
That some of
the silent feature of D. S. Research Center are enumerated to highlight
that the research centre is indulged in
promoting the research and to test them
on such patients where the allopathy and other
medical research have failed is provide as improvement. It is only the analysis on the basis of
diagnosis conducted at different Pathological Centre and the opinion derivated
out of them to ascertain the stage of the diseases infested upon the patients
and after getting such report from the well-wisher of the patients according to
the requirement, the Servapisti, the indigenous N.E.T. is supplied to the
patients through their relatives. There is neither diagnosis conducted at
centre nor in hospital or nursing home nor there are residential arrangement
for patients, nor is the facility for examining
patients. The patients are
brought, nor allowed to be examined for the treatment of the dreaded diseases.
4.
That at the time of registration the history of
diseases, treatment done, medicine treatment Zerox copy of all
document having scientific test
must be submitted alongwith the best photograph of patient. Only the nominal expenditure incurred on
research and development and for preparation of Servapisti are charged from the
person carrying the said N.E.T. for being administered to the patients. Thus on account of not being sold in the
market for being manufactured from the substance used of manufacturing drug,
Servapisti does not fall within the definition of “Drug” as defined U/S 3 (b).
It is purely food articles comprising of 1621 type of vegetation and 16 type of
mineral water, which are already annexed as Annexure-4 to the writ
petition.
5.
That the preparation of Servapisti is thus from
indigenous Nutrient Energy vegetation extinct from human edible substance like-
germinated grains, leaves, flower, vegetables, fruits and laguminaceae plants and also from the spices commonly used for preparation of the
food. The basic element of the medicine
is the milk and carbohydrate which are themselves food of human being.
6.
That the effect of Servapisti, indigenous N.E..
is not directly to destroy the cancer
cells and the drug medicines, thus once the infected portion. The medical exercises control over cancer by
removing it through Radio-therapy and other curative measurement which has its
own side effects upon the normal cell of the body. Consequently if the cancer is weakened the
normal cell is also effected. However by
administering “Servapisti” it controls upon the growth of cancer and thereafter
rather regularizes the normal cells is the very foundation of the cancer
crumbled down and all the cancer cells become non-existent.
7.
That in this manner neither Servapisti is a drug
nor it is available in the market. It is
not been used in the hospital or at nursing home for treatment of the patients
but on the other hand it is edible food produced comprising of 1621 substance
by which the indigenous the N. E. T. is giving to the body of patient who is
suffering from dreaded disease. The
packing of Servapisti is done manually and once it supplied to the person, it
is not taken back for given it to any other patient. Thus miraculous effect in changing hygienic
condition may be seen after 3-4 weeks after applying Servapisti to the
patient. There are report of effective
improvement which is being published in different newspaper as the other
patients in the dire need for cure of their diseases may be benefited and the
cancer’s nature may be stopped to spread.
The effect is seen by the glaring example of cure mention in the book
namely “Cancer is Now Curable” which is now resistant the spread of the disease
and is being stigmied . the overall
effect of Servapisti is not clearly
discriminatory where the harmony between
the life’s utility and health condition is seriously damaged. Thus despite being used from last 19 years,
there has not been any side-effect of the indigenous N.E. administered to the
patients suffering from dreaded disease.
8.
That on account of all these facts it appears
that when the cloud of uncertainty has been prevalent in the mind of the people
fighting for the protection of their patients right. On account of threat provided by respondent 8
and 9 at Kolkata Centre. The present
public interest litigation for seeking enforcement of their fundamental
right i.e. “Right of Life” guaranteed
under article 21 of the Constitution of the India to the patients suffering from chronic
ailments and dreaded disease .like- Cancer.
It has been prayed that as far as the answering respondent are concerned
there may not be any interference in administering the N.E.T. prepared through the extract of vegetables
and other human edible substance as displayed in the list of food articles. (Annexure No - 4) may not be stopped from
being administered the patients suffering from cancer and if the indigenous
N.E.T. comprising of the edible food vegetable is having a positive
impacts for cure of the patients
suffering from cancer and other diseases, the provisions of Rule 106 of Drugs
and Cosmetics Rules, 1945 having its Schedule ‘J’ may be declared as not
attracted for administering Servapisti.
The herbal N. E. T. , otherwise it may be declared unconstitutional in
ultra-vires to the right of the patients
conferred under article 14 and 21 of the Constitution of the India. Since the applicant / Respondent No. 13 has
been impleaded as the Performa respondent , the applicant prays for passing appropriate decision after taking
all such facts and circumstances which
could have not been brought to the notice of this Hon’ble Court for the
advancement of research and for providing it due promotion with scientific skill and temper as it may provide remarkable
success for complete cure of dreaded disease like – Cancer.
9.
That under our Constitution it has been provided
that there shall be the humane conditions and it will be the duty of State to
raise the level of nutrition and standard of living and improved public health
under article 47 read with article 21 of the Constitution of the India. There is fundamental duties casted upon every
citizen of the India to uphold the ideals and to cherish such noble ideas,
which are meant to promote harmony in the sprit of common brotherhood amongst
all the people of India and to value and preserve the rich heritage of our composite culture
which including indigenous N.E.T. being administered to the patients suffering
from alleged incurable disease like- Cancer.
10.
That as submitted earlier under article 51 A(h)
in itself cast a duty of every citizen to develop scientific temper, humanism
and the sprit of enquiry and reform and to strive towards excellence in all
spheres of individual and collective activities
so that the nations consistently rises to higher level of endeavour and
achievement. Thus in no circumstances
the research conducted at the centre and preparation of indigenous N. E.
substance extracted from 1621 edible
vegetables known as Servapisti could have been restrained by the respondents
rather there should have been adequate promotion research and other activities
associated for the cure of Cancer as per the endeavour of the fundamental
duties and reciprocal obligations there from upon the respondents.
11. That
the work of D.S. Research Centre and the cure of Cancer invited the
attention of International Ayurveda Fraternity who invited Shri Shiva
Shankar Trivedi for delivering a guest
lecture in the International Symposium on Ayurveda, Yoga and Naturopathy held
on Feb 1 / 2 , 2002 at Mahatma Gandhi Institute of Medical Science Sevagram,
Wardha. The extract of the invitation
and extract of booklet issued International Symposium were Annexed as Annexure
No. 12 and 13 but the entire correspondence and the participation thereof by
the Director of D.S.R.C. has not been brought to the notice of this Hon’ble
Court which is being filed here with as Annexure A-32(collectively)
12.
That the message of D.S.R.C. is having the
scientific temper intellectual and social enthusiasm of the crucial hour for
the cure of dreaded disease. The message
of D.S.R.C. is not a commercial advertisement but is inspiring call for a
revolution to serve suffering humanity in the most humanitarian scientific
way. The theme of the Centre is based on
cherished and noble ideas of indigenous N.E.T.
research which is an endeavour to
value and preserve the rich heritage of our composite culture and to develop
scientific temper, humanism and sprit of energy and reform for excellence of
the human being .
13. That
there has been a feeling of danger to the person indulge in making the profit
for the traditional drug therapies which mostly prepared medicine from poison
and toxic substance. The advancement of
the research has provided sound and tested foundation of curative era by the
nutrient energy preparation for curing the diseases. The N.E.T. Servapisti has never been sold in the market and there has a strict
condition and mutual agreement under the words of patient coming voluntarily
under proving of Servapisti. The applicant is filing the extract of all
such message relating to scientific intellectual and social enthusiasm by D.S.R.C. in this regards are being filed
and marked as Annexure no. A-33
14.
That the Centre council of research Ayurveda and Sidha studied file
of cancer cases which were cured by Servapisti than the penal of C.C.R.A.S was
setup and the matter was discussed
keenly in Kolkata. The Director of
Centre himself supervise the proving and trial of Servapisti on Km. Punam Sinha
a terminally advance case of acute leukemia who was going treatment A.I.I.M.S.
, New Delhi. it was reported that Km.
Punam Sinha could not survived one month, but she got perfectly cured by
Servapisti of the dangerous disease. This was first case of acute leukemia to
be ever cured. Now Km Punam Sinha has
been leading an active and healthy life.
The difficulty is that Ayurveda itself
stands on the footing of drugs
and indigenous N.E.T. which was administered earlier prior to Angle Saxon
Allopathy medicine could not fit for
bureaucrats to its present frame work.
There has been a sinister design which has completely eroded the basic
foundation on the existence on which our
cultural heritage were dependent by the pressure of multi-national companies
indulge into the business of drugs which are now being imported by providing much
more lucrative incentives to the officers dealing with the drug business and as
such nothing so far is provided to encourage the indigenous N.E.T.
research conducted at D.S.R.C . it is strongly recommended by the Association
of Protection of Patients Right that
there may be the proper encouragement to the N.E.T. research and the respondent
may not restrained the preparation of Servapisti which is helpful and rather
the answer for complete cure of the dreaded disease which are considered
incurable under Drugs and Cosmetics Act, 1940
15. That
the representations were given to the respondents requesting them and their
concern agencies to evaluate their approach and achievement as they may come
forward to promote and patronize the
historical achievement as the country may glorified before the entire world as
to explain that what the Indian’s have
done with the scientific skill , temperament and research of D.S.R.C. Nothing has been done so far although the
letter were received from the high dignities including Prime Minister office, Hon’ble Governor of
West Bengal’s office and from the office of Ministry of Health and Family
Welfare to the aforesaid representation.
The true copy of the aforesaid representation are being filed and marked
as Annexure no. A-34
16.
That apart from being getting the cure of cancer
from research conducted by D S R C, there could have been saving of millions of
crore of rupees which are paid to the
multi-national companies having there international market for importing the
drugs in our country every year. The
country have earned millions of crore of dollars by now from the successful
cure of cancer and other dreaded diseases.
The research is being carried on from D S R C for the cure of patients
suffering from the AIDS . this is
indulged anticipation that positive result shall be highlighted within a very
short period. Thus the question arises whether instrumentality of
Govt. is not accountable for illegal omission
committed by them through the respondent in the aforesaid regards.
17. That
on one hand the incentive are given by offering the prestigious Shri
S.S.Bhatnagar award for 2001 or the work conducted by Dr. T.A.Chandrashekhar on
Photo Dynamic Cancer Therapy while the D.S.R.C. indulged for the complete cure
of cancer has been subjected to undergone the criminal prosecution launched by
respondent no. 7 and 8 at Kolkata Centre.
The provision of Drugs and Cosmetics Act, 1940 has been stated to
be violated. It was with the great mental agony and
humiliation on the part of the person indulged into the research that anticipatory
bail should have been granted at Kolkata.
There are so many researches conducted at D S R C which may not only cure cancer but the
cardio-vascular problem to the patients
suffering from the heart diseases, gastro-intestine trouble and also the gynecological problem to
the women suffering from incurable diseases like- leukemia . Thus the protection is required to be given
by issuance of the appropriate direction by this Hon’ble Court. The true copy of the report published in
Hindustan Times dated 5/9/2002 regarding Photo Dynamic Cancer Therapy is filed
here with and marked as Annexure no 35
18.
That it has been revealed after the research
through the scientific process that there is neither any steroid mixed
providing the accumulation in the body indicating the remedial cure and the
energetic trend for the time being in the patients which is generally observed
by administration of the drugs and other medicines. Since there is the indigenous N.E. provided to
the patient which helps in generating the resistance from fighting the foreign
elements like – Bacteria and other Virus
and as such by the consistent use of the Servapisti, there has been a
remarkable trend for the cure of the disease through preventive
measurements. Thus the administration of
the N.E. to the patient is not having any side-effect upon the body of the
patients suffering from the alleged incurable disease like – Cancer
19.
That maintaining normal health of the patient is
the best treatment. N.E. is the sole
prescription of the nature for keeping up health, resisting unfavourable
condition and curing ailments. Our food
is the reservoir of this energy. This
was the noble idea flashed in the mind of the scientist indulged in preparation
of indigenous N.E.T. which has opened a vast landscape for an
investigation. the common daily diet,
may keep the burning of life and thereby
develop resistance against unfavourable conditions. This is the remedial answer to the genetic
disease. Thus after being fully
convinced of an inherent efficacy of food substance a massive diet to unravel
the truth behind the conviction from the
work and research was systematized with the emergence of D.S. R.C. in
1965. It was after a long chain of an
experiment for 13 years that research centre in 1978 in awakening the potential
of food substance and thereby the results are astonishing.
20.
That the patients suffering from the dreaded
disease like- Cancer have been belonging to the poor and economically down
trodden section of the society. There is
no financial resources available to them to meet out the expenses of the drugs
mostly supplied by or licences under the multi-national company. The N.ET enrich the normality of the economy
and in this manner it enriches the immune system towards off changes of abnormality
and simultaneously providing a indigenous effort for boosting the economy under
the incongruous inflation having steep far in the value of money. Thus the positive efforts through incentives
and promotions by the Govt. Agencies to
the person of scientific caliber is the reciprocal obligation casted upon the
instrumentality of the respondents. No
such efforts have been made so far for the advancement the noble principle of
indigenous N.E.T even after being convinced with the results and
prospects by International Symposium and other Ayurveda Research Centre
situated at Wardha and Mumbai. There has been a certificate of co-operation
and affiliation with the Indian Board of Alternative Medicines at Kolkata. The true copies of Ayurvedic Research Centre
correspondence and the certificate of co-operation issued by the President of
Indian Board of Alternative Medicines are filed here with and marked as Annexure no 36.
21.
That being it a chronic disease or a malignant
one, a person entrapped into either of these is destined to remain ensnared in
it till his last breath. No medication
has ever succeeded in breaking this deadlock.
Medical treatment rather adds its as an essential chronic
enchaining. It is like this, because
medicines are incapable of treating the basic disease, which works at the
central regime of life and goes on deranging the biochemistry of the Physique
continuously. Medicines simply try to
maintain or readjust this disturbed chemistry from time to time, trying to
grant only temporary relief to the sufferer.
Hence a medical practitioner is called a physician, treating the body in
place of the disease.
22.
That the basic cause behind all these failure is
the principle of drugs. All the
prevailing medical sciences, without any exception, develop and prepare, their
medicines from only toxic and poisonous substances selected from the vegetables
kingdom, minerals or chemicals.
Therapies have been alternated in their postures and manners of applying
these drugs, but the drug principle has remained unaltered. It is self-evident that every bit of every
drug on being inserted into the chemistry of life invariably decreases
vitality, deviates metabolism, stunts creative growth and corrupts the all-
important chemistry of living organism.
How then can a cure be expected from these disease creating drugs?
Treating diseases with these drugs, therefore, entails great risk. Obviously it has become a matter of
compulsion on all medical professionals to be properly trained, then obtain
licenses and legal registration before pursuing their profession. However, inspite of such restrictions and
strict surveillance more than one million people are being killed and millions more are being dragged
into grave disease-conditions every year due to missing in prescribing and
applying these drugs. And that in itself
is a great tragedy.
23.
That the Servapisti is not a drug as it is put
into the loose packet as a edible substance taken every day with the empty
stomach. It is influenced of our ancient
system of science of healing, which is growing the influence all over the world
in some form or the other as alternative medicine. The WHO has out rightly testified that such
indigenous NET Doctrine is an outstanding as compared to the other system of
individual countries. The indigenous
research has a deep history and well-documented in our scriptures like- Vedas
in Sanskrit. What was realized as good
and useful to the humanity, ages ago is still good and beneficial even to this
day.
24.
That the history repeats as such the science of
healing which was considered from known to the unknown a few decades /
centuries ago is considered for its return as our ancestors practiced help,
care principle as our integral part of our life. Thus they could have lived more healthier
than most of us today. Our science
through the scripture of documentation embodied in our religious script was
more scrupulous and there by observed strictly the prescriptions and
proscriptions in day-today life which is now considered more scientific in its living
habit instead of shouting aloud the science of poison through drugs and
medicine. Peoples are realizing its
simplicity and usefulness. Its preaches
that prevention is better than cure.
25.
That the gift bestowed upon us as a boon forms
the divinity and nature, which is, prevents us from deterioration, degeneration
and destruction of health. You may take
a pinch of salt, a piece of ginger or pepper, do miracles in preventive disease
will be the outcome. Since the people in
ancient time were more dependent upon meditation, there had been the least of
imperfection but in this era we are much more dependent on medication. Thus our body which is made up of Panch Maha
Bhutas(Agni, Jal, Vayu, Akash, Earth) which are felt and imagine as they are
actively exist in our body. Thus the
cure of the ailment is dependent necessarily to maintained and safeguard
equilibrium of the three Dhatus dys-function as it is termed as Doshas (Faulty
or Wrong).
26.
The physician diagnosis a patient by reading the
functions or dys-functions or imbalances of the five elements through the three
Dosh Theory (three Humors) Vwata; Pitha and Kapa. This is known as reading of Nadi or
pulse. By this method we the people with
the ancient knowledge of preventive cure can know whether the person is at ease
(healthy), or at disease. Balancing the
presence and functions of the five elements in our body, through three those
theory, and its effect, is called treatment (to said right the wrong). This can be done only be natural means, and
with natural materials or substances similar to the ones our body is made up
of.
27. vL;
ns’kL; ;ks tarqLrtk] rL;kslnk fure kk
bfr;sr
vkS"k/ke~ izksDre vk;w"k ifjikyua
vfip;su
LoLFkkuka LokLFkL; j{k.k ekrqjk.kke~ p jksxueqDrsfr kk
odkjks
nks"k o"kE;a /kkrqlkE;ekjksxrk
lq[klaKd
vkjksX;e~ fodkjks nq%[keso p kk
fgrkfgralq[knq%[ka
vk;qjrL;fgrkfgra
Ekkua
p rPp ;Drksrek;qosZZn l mP;rs kk
28.
That the plants-life is nature’s contribution to
serve the mankind and to over come all sorts of health hazards. Eminent indigenous scholars were having there
infinite knowledge and great insight which they use for welfare of the
society. out of them Charak, Sushrut and
Vagbhata were few of the great scholars which is true through
available documentation. The ancient
science of treatment through preventive cure was dependent and the descriptions
of which is quoted in Rigveda and Atharveda about 3500 B.C. while the Charak
Samhita was written prior to 1000 B.C.
Thus the attention is paid to the root cause of the disease and not the
symptoms alone; treat the patient, and not the symptom alone; treat the ailment
permanently as a curative measure. Thus
holistic treatment is the right answer for the philosophy of the life and the
treatment. There is a natural integral
cohesion of digestive nervous, circulatory and respiratory system for which the
treatment is aimed at and therefore it must tackle all such symptoms and as
such the NET is only the right answer to the dreaded incurable disease
like-Cancer with the positive result of
success.
29.
That Since certain plants, creepers, herbs
resemble different part of human body, in shape, shade and texture and as such
it is believed to be the useful and guiding factor to treat by them
particularly over the resembling part of the body infested with the
disease. In case of any health
derangement the doctrine of signature which comprises of intelligently grouped
ingredients and the whole some use of
the extract of the plants and herbs for rendering treatment gives no adverse
effects to the body of the individual suffering from the ailment.
30.
That the plant and its produce like-
Badam(almond) which resemblance the eye is useful for the eyesight. Yellow Saffron is useful in the treatment of
Jaundice. Sandal-wood and its oil and
Red Rose petals are useful in blood disease and Anemia. Milk and milk like substance are regarded as
promotives and protoplasmic cell-fluids.
Thus the resistance power of the body is used to combat the disease
which is free from toxicity and the
patient is not subjected to another
ailment as the result of the treatment from the Allopathic medicine. This is the out standing wisdom gathered from
indigenous NET since centuries and from generation to generations.
31.
That there has been several chapters towards the
philosophy of life suggesting the theories of Astro-medical, Magneto or
Electro-waves treatment through wearing
oriental metallic ornaments studded with Gems as there reflective effect casts
a positive result on our system of health.
Each Gem is prescribed and attributed to a planet and its influence has
an everlasting effects upon the science of humanity. Metals and minerals in oxidized forms
combined with herbal extracts through the methods of trituration, ionization,
potentiazation or atomization processes through mantra (Taveez) Yantra, and
Tantra since ages were prevalent from ancient
times even to this day. We cannot
blame the text on these subjects but we can only blame the practitioners of
these theories who are unable to gives desired benefit of this theory due to certain lapses on their
part. Thus the system of alternative
medicine has got the wider implication and affect upon the science of human
body.
32.
That it is interesting to note that each of the
five finger of human hand is associated
to the different organic system of our body.
This theory is connected with
astro -palmistry science linked with the
planets. The thumb with vitality and
general debility, index finger with respiratory system and stomach, the middle
finger with liver and intestine, the ring
finger with kidney and circulatory system and the last the little finger
denotes the states of the feet’s, the
sexual glands; habits, conduct and character etc. it is in practice and scientifically well
acknowledged that through palm reading and horoscope study there is solution to
treat in health and providing to for
suitable treatment as possible supported
by clinical study. The system of
accrue-pressure is dependent upon these researches which is indigenous and
based on ancient science.
33.
That the divine gift to the human race covers
all other animals world bird world.
It has been
discovered from the very stage of the life being conceived inside the womb of
the female that the human body passes
through al the several stages of 84 lakhs species and thereby it
resembles to a particulars non-vertebrates class of the category to the
Vertebrates known as Pisces, Amphibian, Reptile, Bird and there after the
Mammals. Thus it has been rightly said
that the human body is blessed after
passing through the different 84 lakhs of the species. The aforesaid clearly indicates that whenever
there is some defect in the system of the body it affects, the very origin of
the stage which has undergone in the process prior to the birth. Thus the extracts of the plants and
vegetables edible by all vertebrates (tetrapods) are the preventive cure of the
dreaded diseases. The Hindu mythology
has explains this science through quotes and words. Even an ordinary Pujari in the temple gives
Tulsi Teerth of the God as Charanamrit
with the blessing from his side by reading as “A MIRTYU HARANAM SEVA
VYADHI NIVARANAM MRITYUNJAYA PADODAKAM PAVANAM SUBHAM” and further adds “AYURAROGYABHI
VRIDDHI-RASTU”. Hindu Mythology prescribes, Sankh, Saligram, Yagyopaveetham,
Recitation of Puranas, wearing of Gems and Ornamentals and particularly VRIKSHA
POOJA (prayers to plants) in the up keepment of Good Mental and Bodily
Health. We strongly do have faith in
this.
34.
That the maintenance of EQUILIBRIUM of VAAT, PITTA, & KAPHA, and failures in these 3-DOSHAS, are
the root cause of HEALTH failure, according to AYURVED. Whereas, the alternative NET preaches that
Mind is responsible for good and bad of HEALTH.
Also, if internal Stamina OR Energy is lost, deterioration of Good
Health starts. Naturopathy tells that we
should have Balance of Nutrition. It is
also said that superfluous diet, sleep, a waking, too much of labour, become the
root cause for the debilitation. All
these are Branches of the same Science.
NAVRAS, PANCH TATVAS, PLANCETS, STARS, SEASONS, GEMS, MINERALS &
METALS, have their own effect on the Human SYSTEM.
35.
That the
Puranas speak that everything in this UNIVERSE has come out from the
Body of the GOD the Creator. We need not
go into details in this, for the present
Birth and Death are the two ends of a Materials. In a circle, if it starts from Birth, it ends
with Death. Earth gets stimulates by the
effect of SURYA, whereas by the effects of MOON, it gets peaceful and cools
down. RAHU shadows EARTH, and KETU
shadows MOON. The Drastic exposure from both RAHU & KETU, brings-in the
DEATH of a HUMAN. Therefore, PANDITS,
say that HUMANS need the sympathy from RAHU & KETU, through out their life,
to ward-off unfavourable circumstances.
36.
That when the moon is in the first half of the
month, the skin infection and mental derailment cases get aggravated. It has been proved that the effect of the
moon are cast on the menstrual cycle of women.
It is also the known fact that
Guru has special effect on the human and brightens the prospects. Nine planets and twelve Rashi’s have there
individual effects on the human system.
The star focus also effects on the human body which good health and bad
health by gradual process. There is the effect on the skin eruptions
when the effects of the SURYA and KUJA in aggravating PITHA and when SHANI,
RAHU and KETU aggravated VAAT such person suffers usually obesity, rheumatism,
arthritis. If the Rashi’s is also
unfavourable the person suffers too much loss in the organs. According to some scholars while ciphering
of this subject, certain guidance is
provided regarding the effect of the Rashi’s.
MESH is having it’s effect on head, face and brain system. VRISHABH has its effect on neck and throat,
MITHUN on solder, hands muscle, blood
and flesh, KARKATKA on chest and stomach; SIMHA on backbone, backside,
waist and heart, KANYA on liver, TULA on skin, VRISCHAKI on sexual
organs. DHANU on pulse and nervous system, MAKAR on knees and elbow, KUMBHA on
feet and digestive system, MEEN underfeet.
37.
That there has been the scientific endeavour
through the analytical observation that the nav-grah focus on certain body
parts. The Surya controls the activities
of the heart, blood, brain, left eye of the lady and the man’s right eye. Chandra controls the left eye of the man and
the rigth eye of the lady and her breast.
KUJA rests upon nose, forehead and digestive system while Buddha
controls nerve system, pulse, muscle, tongue, solder, face and hair. Guru controls right ear and liver while
SHUKRA controls the complexion and the left ear. The SHANI regulates the bone system, dents
and knees while RAHU is a regulatory
factor of the mental weakness and depression like wise KETU regulates the skin
affection and aggravate the trouble in the human body. Thus the association of all these factors are
rigid for regulating the system.
38.
There has been the further observation that if
these are tied together so fast than the affect may become useful to the
mankind as AKASH and Guru combined together enlightens , sound , hearing and
speech the VAYU and SHANI provided senses (touch) skins , hands and stimulate
them. AGNI and KUJA saves (complexion)
eyes, and legs are smarten, JAL and SHUKRA provides useful effect to the speech
through tongue and stimulation to the sexual organ while Earth and Buddha
controls the smell of the nose, mood, knowledge, mind, life and food KOSHIKA
. it has been said that the mood is
related with AKASH and the knowledge is entangled with the VAYU and the mind is
integrated with the AGNI . the life is
associated with the JAL while the food is involved the Earth. Thus the medical treatise itself is a
complicated and integrated system. One
has to interloped with the other branches of the vast science and its effects. There are the influence of the GRAH and the
planet on the persons health, life and death.
As long as the people observe the principles of the nature which is the
creation of that omnipotent power quiet unseen, it said by all the philosophers
and the preachers that nothing can disturb the human life. Every disease has a remedy. so every error
committed by us has a antidote as safety measurement. This is what is the faith and the believe
which treats a person. Thus the search
for this knowledge and to put into the practice through the researches and the
scriptures in Sanskrit the NET herbal science has been developed in the forms
of five elementary basic components which are more acceptable to the human
being for repair of the system.
39.
That all these facts have been enunciated in
order to denounce the theory of Allopathy based on drugs. We may practice and
preach the benefit of the NET indigenous therapy to the benefit of masses in
our country and abroad. In this manner
we may project our views vehemently and convinced antagonist to the great
extent. There are number of the medical
man associated with allopathic faculty who termed up a strong supporter of the
NET. The common endeavour is based on
the principle that the body and the mind are treated simultaneously to over
come the problem as it is of no use of treating them in isolation. The slogan is that if the mind is health the
body will also become healthy. Thus the D.S.R.C. associated as a
torch-bearers in the form of a growing organizations for the cure of dreaded
disease like-Cancer, Rheumatoid Arthritis, Brain Tumors, Leukoderma,
leukorohea and also to the AIDS through
the indigenous NET
40.
That the assimilation and elimination processes
is vitally important for the betterment of the health, as well as to ward-off
disease. If one can digest what all he
eats and free from evacuation problem, i.e. elimination process is perfect,
then he is free any ailment. He possess
in-built health. That is his inner strength.
This person is not subjected any ill-health and can easily fight the
dreaded disease caused by outside bacteria and other infections. That in NET the direct remedies are acting on
the digestive system, circulatory system
and our nervous system which are foremost important in this therapy and
known as a Doctrine of Remedial Cure to the patient. It is known fact that almost all the ailments
arises from something wrong digestion system, circulation system, nervous
system. Disorder cropping up from the
failure of these function arises in our body, can only be corrected through our
treating the system primarily. Thus a
blood purifier, a correct digestive process and a nervine tonic may be
necessary from one of the ingredients of such a systems representations which
gives effective treatments scientifically.
41.
The circulatory and nervous disorder is
scrutinize and selected for the research at D.S.R.C. according to the
constitution of the patients. His
ailment and the stage of the diseases known as the constitutional treatment is
analyzed to combat the internal and defensive forces in the patients to rise up
as they may cure the disorder and the ailment.
Firstly the toxic effect on as a
result of using medicine mostly poisonous in nature in insured to be read out
from the body of the patient through self contained tonic and nutritive effect
and its constituents. This is the
process known as indigenous NET at D.S.R.C.
..
68. That under these
circumstances, it is expedient in the interest of justice that this Hon’ble
court may graciously be please to declare the schedule ”J” under Rule 106 of
Drugs and Cosmetics Rules, 1945 contemplating 51 diseases as incurable to be
unconstitutional and ultra vires to the constitution of India.
69. That it is prayed
that respondents may be directed that since the petitioner charitable society
is providing the indigenous nutrient energy therapy comprising of extract of
1621 vegetation procured from the nature as eatable substance alongwith 16 type
of mineral water which do not fall within definition of Drug under section 3(b) of the Drug and Cosmetics
Act, 1940. The aforesaid provisions of schedule “J” as incorporated in Rules,
1945 may be declared as not attracted in conducting the research work and
providing nutrient energy therapy to the person suffering from cancer and other
serious ailments.
70. That respondents
may further be directed not to interfere in any manner in respect of indigenous
research and also in administering the nutrient energy therapy to the patients
suffering from cancer and other ailments.
71. That it is therefore most respectfully prayed
that respondents may be restraint from conducting any coercive action over the
functioning of M/S D.S Research centre associated for espousing the cause
through a charitable registered society
for the complete cure of the cancer and other alleged incurable disease as
contemplated in schedule ‘J’ of Rule 106 of Drugs and Cosmetic Rules, 1940 as
the aforesaid centre is neither having any commercial centre nor is providing
any diagnosis of the disease by calling the patient at the centre except by
proving the nutrient energy therapy in the form of the extract from the
vegetables and other indigenous produce of the environment without having any
use of the chemical, drugs and medicines.
72. That the present
writ petition is filed on the following amongst other grounds.
GROUNDS
1. Because the
objective of Petitioner’s society
registered under the societies registration act are as follows:-
to conduct the research
from the different angle relating to health and
cure of disease from the vegetable substance as per the food articles
suitable according to geographical condition which may provide nutrient energy
therapy to the human being suffering from disease.
To develop the
research centre for analyzing result of nutrient energy for the cure of the
disease by serving the people.
To conduct the
Research and develop and expansion of the research indigenous method .
To provide
nutrient energy for extract of eatable substance for serving the people by
realizing the investment cost from treatment.
To provide
training, publish literature, seminar, symposium, deliberation and association
of the scientists in field of nutrient energy therapy.
To find out the
possible cure of the disease like cancer, Aids, leprosy through complete cure
and prevention of such diseases by providing the nutrient therapy.
To prevent
the human being from polluted atmosphere and for that purposes which may be
helpful for security of life to develop the method and procedure for its
development.
To implement by
active cooperation, programme based on the policy of central Govt. and World
Health Organization.
2. Because the
petitioner’s research centre has not only cured about 4000 patients suffering from
cancer and other incurable diseases as alleged under Schedule “J” of rule 106
of Drugs and cosmetics Rules, 1945 ,
purported to be non-curable by drugs, but Mr. Ashutosh Kumar aged about 35
years s/o Hon’ble Justice Nagendra Rai of Patna High Court, R/o 2, Anne Marge, Patna got the nutrient energy therapy
provided for the cure of disease of cancer. It is submitted that on the basis
of report and the scan to a bone marrow transplant specialist, who discussed
the issue with Dr. Roberts Motzer , a renal cell specialist at Memorial Sloan
Kattering cancer centre at New Yark wherein it was diagnose that the presence of
metastasis in lumber vertebrae 4th rib has also infracted the lungs.
The case was referred to Dr. Adwani of Jaslok Hospital for giving radio therapy
to lunger spin and interferon ( Intron) injection. At this stage when Mr.
Ashutosh Kumar s/o Hon’ble Justice Nagendra Rai of Patna High Court was having
skeletal metastasis at vertebrae and multiple pleural mass lesions on 4th
rib and suggested for bone marrow transplantation in R.C.C.. At this stage the treatment was started at
petitioner’s centre wherein as per the report submitted on 17.4.2002 there was
the remarkable recovery from treatment.
3. Because the drug
is the substance other that food, and as such the indigenous nutrient energy
therapy administered for the cure of the diseases by preventive measurement
from the eatable food substance extracted from 1621 eatable vegetables
nutrients and 16 type of mineral water, are neither drug, not the provisions of
Drugs and cosmetics Act, 1940 are applicable on the aforesaid centre.
4. Because fear is an
inherent characteristic of human being. This is for the obvious reason as every
minite 10 people die of cancer. 10 in every minite means of 50 Lac in a year
from such dreaded disease. The World
Health Organization is anxious by having an apprehension that toll of cancer is
double itself by 2015 A.D.. This be a threatening to vary existing whole human
race. Thus the man may not be completely helpless and be left at mercy of
killer disease.
5. Because there are
1621 eatable substance used for the purposes of preparation of nutrient energy
therapy known as SARVPISTI and also 16 type of mineral water is collected from
the extract of germinated 205 cereals like wheat, Gram, Urad, Mung, Masoor,
Makka etc. The leave categorty (76)
comprising of Tulsi, Pan Maghai, Pan Meetha, Arhar, Sarson etc.Chhal category
(55) comprising of Semal, Jamun, Langada Mango, Himsagar , Gulab etc., Medicine
Vanaspthi category (51) comprising of Motha, Kastoori, Khas etc., Flower
category (110) comprising of Kakari, Kheera etc., Vegetable category (190)
comprising of Bhindi, Parval, Lauki, Phool Gobhi,etc., Fruit category (189)
comprising of Imali, Amala, Bel, Sakarkand, etc., Sag category (57) comprising of Kamal, sarson, Mooli,
Matar etc., Anna category (67) comprising of Moth, Bajra, etc., Beej category
(55) comprising of Sada Lauki, Kakari Nariyal etc., Mool category (35)
comprising of Shalparni, Gokhuru, Shatawari etc., Gond category (17) comprising
of Babool, Jamun, Neem, Mahuwa, Vargad etc., Tadi category (4) Tad, Khajoor,
etc., Oil Category(22) comprising of Kala til, Mungphali,Soyabin etc., Tusa Dal
category (43) Pakar, Guava, Amla, Chana, Matar, Tulsi etc., Mewa category (14) comprising
of Kaju, Kishmish, Badam, /Akharot, Pista etc., Rus category (46) comprising of
Kala Ganna, Jwar, Makka, Bajari Kakari,
etc., Kand category (10) comprising of Sakarkand, Chini, marchini, etc.,
Phal- Chhilka category (30) comprising of Anar ke Phal of Chhilka, Aam of
Chhilka, Gulab Khas, Aphim chilka,etc., Masala Category (46) Jeera, Dhaniya,
Kali Mirch, Methi etc., Banaspati Dugdh Varg (38) comprising of Vat, Mahuwa,
Goolar, Pipal etc., Milk varg (50) of Cow, Bakari, etc., Kachche Phal (42) Imli, Jalpai, Angoor
etc., Khamir varg (85) Moth, wheat, chana etc., Phaphund varg (22) Kukurmutta,
Aam ka Phaphund etc., Honey varg (9) Basak phool of shahad, Kamal of
shahad,etc., Vanaspati Dugdha (9) Bargad, Mathuwa etc., Kachche Dane (47)
chana, Kabuli Chana, Matar etc., Water (16 type) of Gangotri, Narmada etc.,
6. Because even the
Doctors of the International reputation and Physician namely Sri Vasudev M.
Patel settled at 3015, Sixteen street, Monaroe U.S.A. has reported the vital
recovery from their ailment. Similarly one Doctor namely T.Jagannathan who
completed M.B.B.S. in 1960 from Madras Medical college and F.R.C.S in 1968 from
Canada and working from 1972 to 1998 as urologist has acknowledges that the
administration of Sarvapisti does not have any side effect as the aforesaid Dr.
has started taking the nutrient energy therapy acknowledged the positive result
. Thus the centre of petitioner for its service to humanity. Similarly one Prakash Chuganey s/o Mrs.
Kavita Chuganey c/o Memorial Gift Shop, 2 Glouster Avenue, Montego Bey, Jamica
has reported that the nutrient energy therapy (medicine) of D.S. research
centre has done wonders to cancer patients and sought for sending it for cure
of her mother.
7. Because there is
no illusion about the ability of M/S D.S. Research Centre to fight cancer. The
result of the complete cure has witnessed by the latest book published in 2000
known as cancer is curable now having the details of about 111 evidence of
success. Thus any coercive action against the research centre by the officials
of the drug controller by providing hindrance in research work and thereby
depriving patients from their legitimate right to collect the nutrient energy
therapy from the extract of eatable substance will be detrimental to the
interest of the patients suffering from cancer as well as the same is
unconstitutional and void.
8. Because despite all these achievement conducted by
the petitioner’s research centre in cure of alleged incurable diseases, the
branch of research centre situated at 160, M.G. Road, 1st Floor, Kolkata was
put to the arbitrary restriction in carrying on distributing the nutrient
energy therapy (SARVAPISTI) to the person effected/ infected from alleged
incurable disease under the garb of violation of certain provisions of Drugs
and Cosmetics Act. 1940 and Magic remedial Act ( Objectionable advertisement )
Act, 1984. There has been the mass
resentment against the action of Director of Drugs controller, 147, A.J.C. Bose
Road, Kolkata-14. It is submitted that in the aforesaid action the nutrient
energy therapy (sarvapisti) of about 1,50,000/- has alleged to be seized by the
Inspector of Drugs and Director of Drugs control, Kolkata. By the aforesaid action the entire research
work which was conducted from branch office of Kolkata has been adversely
effected in respect of providing relief to the persons suffering from cancer. A
large scale resentment was also conducted by the public due to non-supply of
Sarvapisti to the patients.
9. Because the dividing line between an administration power
and quasi-judicial power is quite thin and is being gradually obliterated. The concept of quasi-judicial power has been
under going a radical change. Let the
executive may also give up its privilege orientations and start building nation
through there utmost potential. The
higher bureaucrats may fix their responsibility and public accountability. Towards and unless this responsibility in
nipped in the bud, it is likely to cause turbulence shaking the entire
socio-economic political system in an otherwise healthy, wealthy, effective and
vibrating society.
10. Because article 14 has a pervasive potency and
versatile quality, equilitarian in its soul and allergic to the discriminatory
dictates. Since equality is antithesis
to arbitrariness, any action which repugnant to the fundamental rights provided
to the charitable society indulge in the cause of research for the cure of
fatal diseases like Cancer, AIDS etc shall be deprivation of the right
expression and to impose an arbitrary
restriction upon a scientific temper of an individual indulged in the
research such an important function of the society.
11. Because Justice is the end of government in order to
enjoy the peace of mind. Law is a means
to an end. The essence of law is duty. It is a result of constraint struggles and
conflicts with a view to attain the peace of mind. Law is the guarantee of condition of life is
society assured by State power of constrain as legal institution may provide
stability in the social and political affairs.
The essential principle to learn is the basic principle of jurisprudence
by adopting a positive approach for imparting the real justice to the
individual in the society. The legal
system is immolation of the legal invention for protections of Human behavior,
which may maintain infuse relationship for the advancement of mankind.
12. Because Justice is
a psychological yearning in which men seek acceptance of their view point. Our independent Nation has chosen political system. The vitality of democratic process the ideals
of social and economic egalitarianism the imperatives of socio-economic
transformation envisioned by the constitution as well as the rule of law and
great values of liberty and equality are all dependent on the tone of judicious
place in judicial process. There is
innovation of new devise and strategies for the purpose of presiding occurs to
denied basic human rights to down trodden or socially and economically
disadvantageous individual unable to approach the court for relief. The narrow concept of cause of action and
person aggrieved and individual litigation is becoming dissent. The maxim of ill justice is remedies have now
enlarged to embrace all interests of public minded citizens.
13. Because the effect
of globalization to invite the drugs manufactured in the western country, which
are suitable to do geographical condition of having low temperature, but in the
country like India the circulation of
such drugs, which are generally prepared through toxic and poisonous
substance is not only detrimental to the health and hygienic condition of
patient, but ultimately it may lead for getting so many side effects, which
creates a psychological effect in the mind of patients that they have come
across to a situation where there is no other alternative except to commit
suicide in view of fact that even the Govt. has taken into consideration that
these disease are incurable.
14. Because since the
research conducted at D,S. Research Centre is for the protection of our
cultural heritage by preventive measurements and thereby saving the patients
suffering from the alleged incurable disease from its side effect and as such
the performance of research centre is for the achievement of such indigenous
advancement of the scientific temperament amongst the citizen as to provide
them the feeling of security from the alleged propaganda created on the behest
of multi-national companies supporting the drugs and medicine on the trend of
British India Company under whom the country remain in clutches of slavery for
a considerable period.
PRAYER
It is, therefore,
MOST RESPECTFULLY prayed that this Hon’ble court may graciously be pleased to;
i.
issue a writ order or direction in the nature of mandamus
restraining the respondents from interfering in any manner with the
petitioner’s Research centre i.e. M/S. D.S. Research Centre providing the
nutrient energy therapy through the extract of food vegetables and other
natural environmental produces as displayed in the list of the food articles (Annexure 7) as none of the indigenous nutrient, taken
by the persons suffering from diseases
of cancer etc. is a food articles, and
thus neither given as any drugs or medicine nor any chemical used therein.
ii.
issue a writ order or direction in the nature of Mandamus
commanding and directing the Schedule ’J’ under rule 106 of Drugs and cosmetic
rule 1945 contemplating certain disease as incurable (Annexure-8) as unconstitutional and ultra vires to the
right of the patients suffering from such diseases or in the alternative the
food and vegetables indigenous herbal
nutrient energy therapy given through the extract of the vegetable and other
indigenous products in the form of eatable food
may not be attracted for such restrictions.
iii.
Issue any other suitable order or direction which this
Hon’ble Court may deem fit and proper in the present circumstances of the case,
Dt/- AUGUST, 2002 (YOGESH KUMAR SAXENA)
ADVOCATE.
COUNSEL FOR THE PETITIONERS
CHAMBER NO. 139
HIGH COURT. ALLAHABAD.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD.
Civil Misc. Ad- interim Mandamus
Application of 2002
On behalf of
1 . M/S
D.S Research Centre,
147-A,
Ravindrapuri, Varanasi,
through its Director, Sri
S.S.Trivedi,
s/o Sri Mukh Ram Tiwari.
2. Sri S.S.Trivedi,
s/o Sri Mukh Ram Tiwari
147-A,
Ravindrapuri, Varanasi ……………Applicant/ Petitioner
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under Article 226 of the Constitution of India)
( DISTRICT ; VARANASI )
1. M/S D.S Research Centre,
147-A,
Ravindrapuri, Varanasi,
through
its Director, Sri S.S.Trivedi,
s/o Sri Mukh Ram Tiwari.
2. Sri S.S.Trivedi,
s/o Sri Mukh Ram Tiwari
147-A,
Ravindrapuri, Varanasi …………………………. PETITIONER.
VERSUS
1. State of U.P. through Chief Secretary,
Govt. of U.P., Secretariat, Lucknow.
2. Drug Controller (India) Director
General, Nirwan Bhawan,
New Delhi.
3. Union of India through Secretary, Ministry of
Medical Science
And Health, Govt. of India, New Delhi.
4. Drug Controller & Director Medical Health,
U.P. Lucknow.
5. Senior Superintendent of Police,
Varanasi.
…………………………………..RESPONDENTS.
To,
The Hon’ble the Chief
Justice and his other companion Judges of the aforesaid Court.
The humble writ petition of the abovenamed
petitioner most respectfully showeth as under;-
1. That at the vary
out set it is submitted that firstly we have to rely the possibility of
applying Nutrient Energy Therapy for complete cure of dreaded diseases. In this
regard the result reached a continuity and fell into a system from the zeal and
enthusiasm of scientists involved in the indigenous research, have successfully
cured Cancer patients through slow process of Nutrient Energy Therapy by
stopping the growth of cell and replacement of the cell effected from Cancer by
Nutrient Energy Therapy. Today the truth is that about thousands of human being
have been completely cured from the rid of Cancer . It is submitted that the
cure of the diseases is by such preventive process which will never allow
Cancer is dare to stake upon the human organs infected by the abnormal growth
of cell of Cancer. Every ancient ingredients of indigenous research based on
our ancient traditional cultural heritage for cure of diseases by our great
sent through Nutrient Energy Therapy prepared from extract of eatable
vegetables and other herbal produce has let to complete eradication of
shivering destructive diseases. It is submitted that in the due process
ultimately the research centre based on indigenous nutrient energy therapy will
become the culture for the treatment.
2 That the
indigenous nutrient energy therapy for the cure of cancer and other so called
as non curable ailments was developed at
the M/S D. S. Research center after dedication of the service in the research work
through edible nutrients develop
from the extract of 1621 substances of food produces and any sort of
Ayurvedic research has been left aside for administering to the patients after
creation of the society in this regards.
3. That
the petitioner’s research centre has not only cured about 4000 patients
suffering from cancer and other incurable diseases as alleged under Schedule
“J” of rule 106 of Drugs and cosmetics
Rules, 1945 , purported to be non-curable by drugs, but Mr. Ashutosh Kumar aged
about 35 years s/o Hon’ble Justice Nagendra Rai of Patna High Court, R/o 2,
Anne Marge, Patna got the nutrient
energy therapy provided for the cure of disease of cancer. It is submitted that
on the basis of report and the scan to a bone marrow transplant specialist, who
discussed the issue with Dr. Roberts Motzer , a renal cell specialist at
Memorial Sloan Kattering cancer centre at
New Yark wherein it was diagnose
that the presence of metastasis in lumber vertebrae 4th rib has also
infracted the lungs. The case was referred to Dr. Adwani of Jaslok Hospital for
giving radio therapy to lunger spin and interferon ( Intron) injection. At this
stage when Mr. Ashutosh Kumar s/o Hon’ble Justice Nagendra Rai of Patna High
Court was having skeletal metastasis at vertebrae and multiple pleural mass
lesions on 4th rib and suggested for bone marrow transplantation in
R.C.C.. At this stage the treatment was
started at petitioner’s centre wherein as per the report submitted on 17.4.2002
there was the remarkable recovery from treatment.
4.
That there are 1621 eatable substance
used for the purposes of preparation of nutrient energy therapy known as
SARVPISTI and also 16 type of mineral water is collected from the extract of germinated
205 cereals like wheat, Gram, Urad, Mung, Masoor, Makka etc. The leave categorty (76) comprising of Tulsi,
Pan Maghai, Pan Meetha, Arhar, Sarson etc.Chhal category (55) comprising of
Semal, Jamun, Langada Mango, Himsagar , Gulab etc., Medicine Vanaspthi category
(51) comprising of Motha, Kastoori, Khas etc., Flower category (110) comprising
of Kakari, Kheera etc., Vegetable category (190) comprising of Bhindi, Parval,
Lauki, Phool Gobhi,etc., Fruit category (189) comprising of Imali, Amala, Bel,
Sakarkand, etc., Sag category (57)
comprising of Kamal, sarson, Mooli, Matar etc., Anna category (67) comprising
of Moth, Bajra, etc., Beej category (55) comprising of Sada Lauki, Kakari
Nariyal etc., Mool category (35) comprising of Shalparni, Gokhuru, Shatawari
etc., Gond category (17) comprising of Babool, Jamun, Neem, Mahuwa, Vargad
etc., Tadi category (4) Tad, Khajoor, etc., Oil Category(22) comprising of Kala
til, Mungphali,Soyabin etc., Tusa Dal category (43) Pakar, Guava, Amla, Chana,
Matar, Tulsi etc., Mewa category (14) comprising of Kaju, Kishmish, Badam,
/Akharot, Pista etc., Rus category (46) comprising of Kala Ganna, Jwar, Makka,
Bajari Kakari, etc., Kand category (10)
comprising of Sakarkand, Chini, marchini, etc., Phal- Chhilka category (30)
comprising of Anar ke Phal of Chhilka, Aam of Chhilka, Gulab Khas, Aphim
chilka,etc., Masala Category (46) Jeera, Dhaniya, Kali Mirch, Methi etc.,
Banaspati Dugdh Varg (38) comprising of Vat, Mahuwa, Goolar, Pipal etc., Milk
varg (50) of Cow, Bakari, etc., Kachche
Phal (42) Imli, Jalpai, Angoor etc., Khamir varg (85) Moth, wheat, chana etc.,
Phaphund varg (22) Kukurmutta, Aam ka Phaphund etc., Honey varg (9) Basak phool
of shahad, Kamal of shahad,etc., Vanaspati Dugdha (9) Bargad, Mathuwa etc.,
Kachche Dane (47) chana, Kabuli Chana, Matar etc., Water (16 type) of Gangotri,
Narmada etc.,
4. That all the facts and circumstances have been
submitted in the writ petition, as such
under these circumstances, it is expedient in the interest of justice
that this Hon’ble court may graciously be please to stay the operation and
declare the schedule ”J” under Rule 106 of Drugs and Cosmetics Rules, 1945
contemplating 51 diseases as incurable to be unconstitutional and ultra vires
to the constitution of India.
5. That it is prayed
that respondents may be directed that since the petitioner charitable society
is providing the indigenous nutrient energy therapy comprising of extract of
1621 vegetation procured from the nature as eatable substance alongwith 16 type
of mineral water, which do not fall within definition of Drug under section 3(b) of the Drug and Cosmetics
Act, 1940. The aforesaid provisions of schedule “J” as incorporated in Rules,
1945 may be declared as not attracted in conducting the research work and
providing nutrient energy therapy to the person suffering from cancer and other
serious ailments.
6. That respondents
may further be directed not to interfere in any manner in respect of indigenous
research and also in administering the nutrient energy therapy to the patients
suffering from cancer and other ailments.
7. That it is therefore most respectfully prayed
that respondents may be restraint from conducting any coercive action over the
functioning of M/S D.S Research centre associated for espousing the cause through a charitable registered society for the
complete cure of the cancer and other alleged incurable disease as contemplated
in schedule ‘J’ of Rule 106 of Drugs and Cosmetic Rules, 1940 as the aforesaid
centre is neither having any commercial centre nor is providing any diagnosis
of the disease by calling the patient at the centre except by proving the
nutrient energy therapy in the form of the extract from the vegetables and
other indigenous produce of the environment without having any use of the
chemical, drugs and medicines.
Prayer
It is therefore most respectfully
prayed that this Hon’ble Court may graciously be pleased to issue an ad-
interim mandamus
1. To direct the respondents that since the
petitioner society is providing the indigenous nutrient energy therapy
comprising of extract of 1621 vegetation procured from the nature as eatable
substance alongwith 16 type of mineral water, which do not fall within
definition of Drug under section 3(b) of
the Drug and Cosmetics Act, 1940, the aforesaid provisions of schedule “J” as
incorporated in Rules, 1945 may be declared as not attracted in conducting the
research work and providing nutrient energy therapy to the person suffering
from cancer and other serious ailments.
2. Directing the respondents restraining them from conducting any coercive action over the
functioning of M/S D.S Research centre associated for espousing the cause
through a charitable registered society
for the complete cure of the cancer and other alleged incurable disease as contemplated
in schedule ‘J’ of Rule 106 of Drugs and Cosmetic Rules, 1940 as the aforesaid
centre is neither having any commercial centre nor is providing any diagnosis
of the disease by calling the patient at the centre except by proving the
nutrient energy therapy in the form of the extract from the vegetables and
other indigenous produce of the environment without having any use of the
chemical, drugs and medicines.
Dt/- AUGUST, 2002 (YOGESH KUMAR SAXENA)
ADVOCATE.
COUNSEL FOR THE PETITIONERS
CHAMBER NO. 139
HIGH COURT. ALLAHABAD.
IN THE
HIGH COURT OF JUDICATURE AT ALLAHABAD,
AFFIDAVIT
IN
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under Article 226 of the Constitution of India)
( DISTRICT ; VARANASI )
M/S D.S
Research Centre,
147-A,
Ravindrapuri, Varanasi,
And another……………………. PETITIONER.
VERSUS
State of U.P. through Chief Secretary,
Govt. of U.P., Secretariat, Lucknow. and others……..RESPONDENTS.
Affidavit of
S.S.Trivedi,aged about
s/o Sri Mukh Ram Tiwari , Director M/S D.S Research Centre, R/O 147-A, Ravindrapuri, Varanasi
( DEPONENT)
I, the above named Deponent, do
hereby solemnly affirm and state as follows:
1. That the
deponent is the petitioner no. 2 in the
above noted writ petition and as such he is fully acquainted with the facts
deposed to below.
That the contents of paragraph 1 of this
affidavit and those of paragraphs
no.1,2,3,4,7,9,10,12,13,15,16,23,33,35.36,37,44,45,47,48,50,52,53,56 of the writ petition are true
to the personal knowledge of the deponent, those of paragraph
no., 11, 14,18,19,20,21,22,24,25,26,27,28, 29,30,31,32,34,38,40,41,42,55
of the affidavit are based on perusal of records and those of paragraph
no. 5, 6, 8, 17, 39, 43, 46, 49, 51, 54,
57, 58, 59, 60, 61, 62, 63 of the writ petition are based on legal advice,
which also deponent believes to be true
that nothing material has been concealed and that no part of this affidavit is
false. So help me God.
(
Deponent )
I,
Yogesh Kumar Saxena Advocate High Court Allahabad do hereby identify the
deponent from perusal of the papers in his possession and I am satisfied that
he is the same person making this affidavit.
( Yogesh
Kumar Saxena)
Advocate
L.T.I. of the Deponent
Solemnly affirmed before me this------------------day of
-----------------2002--------at A.M./ P.M. by the deponent who is identified by
the aforesaid clerk/ Advocate.
I have
satisfied myself examining the deponent that he understand the contents of this
affidavit, Which have been read over and
explained to him by me.
Oath Commissioner
25 industries delicensed
The
government has de-licensed 25 industries in fulfillment of certain specified
conditions. No industrial licence would
be required for these industries under the Industries (Development and
Regulation) Act, an official press released said yesterday.
With
these industries total number of de-licensed industries goes upto 49.
The
industries de-licensed are:-
1.
Special
alloy and malleable iron castings,
sponge iron and pelletisation.
2.
Steel
structurals
3.
Electrical
equipment, namely (a) equipment for exploitation of alternative sources of
energy like solar, wind power, bio-mass including biogas, geothermal energy,
tidal power and sea power, (b) steam turbines of and below 20 MW and mini and
micro hydel systems equipment, (c) power and distribution, transformers, power
capacitors, switch gears, electrical motors and gls lamps and diesel generating sets.
4.
Electronic
components
5.
Automatic
ancillaries and
6.
Cycles.
7.
Industrial
machinery including rubber machinery, printing machinery, footwear machinery,
meat and poultry machinery
8.
Machine
tools
9.
Agricultural
implements
10.
Miscellaneous
mechanical and engineering industries (A) plastic moulded goods, (B) hand tolls,
small tools and cutting tools, (C) pressure cooker, cutlery and steel furniture
(D) lanterns of all types, (E) fuel efficient stoves (F) water pumps beyond 10
cms
11.
Industrial
sewing machines.
12.
Office
equipment as listed below: Multiplication and reproduction equipments, world
processors, cash registers invoicing machines, ditaphone, micro filming micro
ficherreaders
13.
Surgical,
Industrial and scientific instruments,
14.
Industrial
and medical gases.
15.
Following
drugs and durg intermediaries
rifampicin, dapsone, clafazimine,
primaquin, ethexy methylene malonic ester, neraldiamine, insulin,
anti-cancer drugs, vitamin b6 norgestral, piperazine, new bulk drugs developed
through indigenous research.
16.
Paper
and pulp namely writing printing and wrapping papre from agricultural residue,
waste and bagasse and cotton seed linter pulp.
17.
Canned
fruit and vegetable products, protein and processed foods, vegetable based weaning food, jurine
products and cattle food
18.
Vegetable
oils, namely Solvent extraction of oil, oil cakes from miner seeds excluding
cotton seeds and rice bran oil.
19.
Soap
and cosmetics, namely soap, cosmetics perfumery and toilet preparations and
detergents of ASI standard.
20.
Leather
goods
21.
Surgical
and medical rubber products
22.
Glassware,
23.
Ceramics,
namely refractories and furnance lining bricks china ware, potter and sanitary
ware, H.T. insulators, tiles and graphite ceramics.
24.
Insulating
boards, gypsum boards and the like and
25.
Printing
including litho printing.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
I N D E X
IN
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under
Article 226 of the Constitution
of India)
( DISTRICT ; VARANASI )
M/S D.S Research
Centre,
through its
Director, Sri S.S.Trivedi,
and
another
………………. PETITIONER.
VERSUS
State of U.P. through
Chief Secretary,
and others ……………………………………RESPONDENTS.
………………………………………………………………………………………………
1.
List
of dates and events.
2.
Ad-interim
application.
3.
Writ
Petition.
4.
Annexure
–1 Copy of certificate dated 6.8.1965.
5.
Annexure-2 Copy of registration certificate dt.
23.6.1997.
6.
Annexure-3 Copy of Memorandum of Association and
Bye-laws.
7. Annexure-4 Copy of List of members.
8. Annexure-5 Copy of application Form 24-D.
9. Annexure-6
Copy of license.
10. Annexure-7 Copy of list of 1621 eatable substance
& 16 type of
water.
11. Annexure-8 Copy of Schedule “J”.
12. Annexure-9 Copy of letter dt. 25.8.1978.
13. Annexure-10 Copy of letter dt.1.9.1987 written by
Dr.Shail Dubey.
14. Annexure-11 Copy of letter of Dr. Vinod Prasad.
15. Annexure-12 Copy of letter dt. 27.09.2001.
16. Annexure-13 Copy of Application Form dt. 10.11.2001.
17. Annexure-14 Copy of letter dt. 17.4.2002.
18. Annexure-15 Copy of Article dt.18.3.1985 published in
INDIAN NATION.
19. Annexure-16 Copy of letter dt. 30.9.1988 written to
Prime-
Minister
(Late) Rejeev Gandhi.
20. Annexure-17 Copy of letter dt. 12.6.2002.
21. Annexure-18 Copy of letter dt. 27.6.2002.
22. Annexure-19 Copy of letter of Sri T.Jaggannathan.
23. Annexure-20 Copy of letter dt.9.7.2002.
24. Annexure-21 Copy of letter dt. 8.11.2001 written by
Cancer Surgeon
of Jaslok
Hospital.
25. Annexure-22 Copy of letter dt. 11.4.2002 of Dr. Sheela
P.Naik.
26. Annexure-23 Copy of letter of Dr. Shubha Sharma dt,
17.2.2002.
27. Annexure-24 Copy of letter dt. 19.2.2002 of Dr. Shamir
Kr.Shah.
28. Annexure-25 Copy of letter dt. 11.6.2002 of Dr.
O.P.Gupta.
29. Annexure-26 Copy of letter dt. 16.7.2002 of Dr. S.K.
Prasad.
30. Annexure-27 Copy of Paper Cutting.
31. Annexure-28 Copy of report published in SANMARG at
West Bengal.
32. Annexure-29 Copy of order dt. 12.8.2002 passed in writ
petition no.
33289 of
2002.
33. Annexure-30 Copy of news item dated 14.8.2002.
34. AFFIDAVIT.
35. VAKALATNAMA.
………………………………………………………………………………………………
Dt/- AUGUST, 2002 (YOGESH KUMAR SAXENA)
ADVOCATE.
COUNSEL FOR THE PETITIONERS
CHAMBER NO. 139
HIGH COURT. ALLAHABAD.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.
LIST OF DATES
AND EVENTS
IN
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under Article
226 of the Constitution of India)
( DISTRICT ; VARANASI )
M/S D.S Research
Centre,
through its
Director, Sri S.S.Trivedi,
and
another
………………. PETITIONER.
VERSUS
State of U.P. through
Chief Secretary,
and others ……………………………………RESPONDENTS.
………………………………………………………………………………………………
1. 6.8.1965 Certificate issued by
Registrar Indian Medical Council,
U.P. Lucknow .
2. 25.8.1978 Minister Medical & Health,
Jaipur wrote a letter to the
petitioners research centre.
3. 18.3.1985 Article published in Indian
Nation.
4. 1986 licensing authority issued
license in the name of M/S
Baba
Vishwanath Ayurved Sansthan.
5. 1.9.1987 letter written by Dr.Shail
Dubey to the petitioners
Research centre.
5A. 30.9.1988 Letter written by Petitioners
centre to then Prime Minister
(Late)
Rajeev Gandhi.
6. 11.1.1996 Schedule “J” has been
incorporated in provisions of
Drugs
& Cosmetics Rules, 1945.
7. . 23.6.1997 Registration certificate issued
under Societies
registration Act
8. 8.11.2001 Letter written by Cancer
Surgeon of Jaslok Hospital
to the
petitioners research centre.
9. 10.1.2002 Application form of Mr.
Ashutosh Kr. S/o Hon’ble Justice
Nagendra Rai of
Patna High court.
10. 17.2.2002 Dr. Shubha Sharma wrote a
letter of the petitioners
Research centre.
11. 19.2.2002 Dr. Shamir Kr. Shah wrote a
letter to the petitioners
Research Centre.
12. 11.4.2002 Dr. Sheela P.Naik wrote a
letter to the Petitioners
Research centre.
13. 17.4.2002 letter showing the recovery after taking
Sarvapisti by
Mr.
Ashutosh Kumar s/o Hon’ble Justice Nagendra
Rai of
Patna High Court.
14. 11.6.2002 Dr. O.P.Gupta wrote a letter to
the petitioners Research
Centre.
15. 12.6.2002 Letter written by N.R.I. on E-mail t0
the petitioners research
centre.
16. 27.6.2002 Letter written by N.R.I. on E-mail t0
the petitioners
research
centre.
17. 9.7.2002 letter written by Dr. P.G.
Rath M.D., D.M. (Cardiology)
Vellore
Senior consultant Director at Apolo Hospital,
Hyderabad to the petitioners research centre.
18. 16.7.2002 Dr. S.K.Prasad wrote a letter
to the petitioners research
centre.
19. 12.8.2002 This Hon’ble court passed order in
writ petition no.33289 of
2002 filed by
Association for protection of patients Right.
20. 14.8.2002 News item published in the news paper
Pioneer news paper
that the
scientists in America is now claiming that cancer is
now curable.
………………………………………………………………………………………………
Dt/- AUGUST, 2002 (YOGESH KUMAR SAXENA)
ADVOCATE.
COUNSEL FOR THE PETITIONERS
CHAMBER NO. 139
HIGH COURT. ALLAHABAD.
IN THE
HIGH COURT OF JUDICATURE AT ALLAHABAD,
ANNEXURE NO.
IN
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under Article 226 of the Constitution of India)
( DISTRICT ; VARANASI )
M/S D.S Research Centre,
147-A, Ravindrapuri, Varanasi,
And another……………………. PETITIONER.
VERSUS
State of U.P. through Chief Secretary,
Govt. of U.P., Secretariat, Lucknow. and
others……..RESPONDENTS.
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