New Delhi: The Supreme Court on Friday dismissed a public interest litigation (PIL) that demanded a high-level probe into the deaths of children allegedly linked to the consumption of contaminated cough syrup in Madhya Pradesh and Maharashtra.
Court Questions Frequent PIL Filings
A Bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran asked advocate Vishal Tiwari, the petitioner, how many PILs he had filed. When Tiwari responded “8-10 PILs,” the Bench dismissed the plea.
During the proceedings, Solicitor General Tushar Mehta, who was present in court though not representing any party, assured that state governments were acting responsibly. “Tamil Nadu, Madhya Pradesh, etc., will take steps. We cannot ‘not’ trust the states. Of course, they will take steps,” he said.
Allegations in the Petition
The PIL alleged that at least 14 children have died since early September, with most cases reported in Nagpur (Maharashtra) and Chhindwara (Madhya Pradesh). It claimed that lab tests confirmed the presence of Diethylene Glycol (DEG), a toxic chemical banned in medicines, in Coldrif Cough Syrup manufactured by Tamil Nadu-based Sresan Pharma Pvt. Ltd.
The plea also said despite these findings, the Union government and the Central Drugs Standard Control Organisation (CDSCO) failed to immediately recall the drug or issue a ban, allowing its circulation across states. It further drew parallels with earlier incidents in Gambia and Uzbekistan, where DEG-contaminated Indian syrups were linked to multiple child deaths.
Demands Made in the PIL
The petition sought the creation of a National Judicial Commission or an Expert Committee led by a retired Supreme Court judge to probe the issue and recommend systemic drug safety reforms. It also called for a CBI investigation into the deaths, transfer of all related FIRs to the agency, and an immediate recall and ban of all Coldrif Cough Syrup batches until cleared by NABL-accredited labs.
NHRC’s Action
Separately, the National Human Rights Commission (NHRC) has issued notices to the Health Departments of Madhya Pradesh and Rajasthan over alleged lapses in drug safety. It has directed the Drugs Controller General of India, CDSCO, and the Union Health Ministry to carry out a comprehensive investigation into the supply chain of the spurious drugs.
“The authority is also directed to order all the Chief Drugs Controllers in the concerned states to process immediately the banning of the spurious drugs and submit reports,” the NHRC said.