PIL D.S

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,

…………

CIVIL MISC. WRIT PETITION NO. OF 2002

(Under Article 226/227 of the Constitution of India)

(DISTRICT; VARANASI)

1. Association for Protection of Patients Right (an unregistered

society) through its Presidents Dr. Sureshwar Tripathi. R/O B-

1/84D, Assi, Varanasi

2. Dr, Sureshwar Tripathi S/O Sri Gulab Tripathi,

R/O B-1/84D, Assi, Varanasi, President Association for Protection

of Patients Right.

3. Pt. Shiv Ram Singh, s/o Sri Jang Bahadur Singh

R/o village and Post- Pandari, District- Mirzapur, General

Secretary,Association for Protection of Patients Right.

4. Suresh Chandra Chaube, Advocate, Civil Court, Varanasi S/o shri

Dal Singar chaube R/o B 247 B, Bhadaini, Varanasi.

………………………………. Petitioners.

Versus

1. Union of India through Ministry of Medical Science and Health,

Secretariat, Govt. of India, New Delhi.

2. Drug Controller (India) Director General, Nirwan Bhawan, New

Delhi.

3. State of U. P. through Chief Secretary, Govt. of U.P., Secretariat,

Lucknow.

4. Senior Superintendent of Police, Varanasi,

5. Drug Controller and Director Medical Health. U. P. , Lucknow

6. Licensing Authority and Ayurvedic and Unani Service, Directorate,

U.P. Lucknow.

7. Medical Counsel of India through its Registered, U.P. Lucknow.

8. Inspector of Drugs, of drug Center, 141, A. J. C. Bose Road,

Kolkata-14

9. Officer Incharge Drug Section Enforcement Branch, Kolkata.

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10. Doordarshan through its Director, under the Ministry of

information and Broadcasting , New Delhi

11 Pepsico India Holding Pvt. Ltd. 38 D.L.F. Corporate Park,

‘S’ Block, Kutub Inclave, Phase-III Gurgaon-122002 Haryana,

India through its Managing Director.

12. Hindustan Coca Cola Beverages Pvt. Ltd. Tehsil- Hapur, District-

Ghaziabad, U.P. India ( under the authority of Coca Cola

Company)through its Managing Director

………………………………..Respondents.

13. M/S D. S. Research Center, 147A Ravindrapuri Colony,

Varanasi through its Director Professor S. S. Trivedi. S/O (Late)Sri

Mukh Ram Tiwari, Director M/S D. S. Research Center, Varanasi

Performa / Respondent

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 by means of present writ petition, the petitioner 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 and other serious ailments.

2. That by this public interest litigation/ social action litigation the

petitioners who are associated with espousing the cause of

welfare of public at large by providing their contribution for up

liftment of cause down trodden citizen who are living in socio-

economic crisis, but since the adequate facilities is not available to

such citizens, as such they are mostly dependent upon the

traditional heritage and culture for which fundamental duties

enshrined in our constitution, and for such reason they are given

them the adequate protection.

3. That the petitioner no. 1 is the an unregistered association of

individual of elite citizens associated for the cause of cure of

certain alleged incurable disease as contemplated by the officials

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of drugs and cosmetic control directorate and other respondents

through their schedule ‘J’ under Rule 106 of Drugs and Cosmetic

Rule 1945, which is represented through its President and General

Secretary as petitioner no. 1 to 3. The Respondent No. 10 is 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. The petitioner No. 6 is a practicing

Advocate at civil court Varanasi and being the member of noble

profession , he is associating in present P.I.L..

4. 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.


petitioners who are associated with espousing because for welfare

of public at large by providing their contribution from the upliftment

of cause down trodden citizen, who are living in socio-economic

crisis, but since the adequate facilities is not available to such

citizens, as such they are mostly dependent upon the traditional

heritage and culture for which fundamental duties enshrined in our

constitution are given them the adequate protection.

6. That this is a Public interest litigation/social action litigation in order

to protect the public at large.

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7. That Now the court has also started taking interpretations of

statues in the modern positive approach have a purposeful

constitution as to effectuate the object and purpose of the Act,

instead of mechanical approach. Where the act is arbitrary, it is

implicit in it that it is unequal both ending to political logic and

constitution law and is therefore held to be visualization of Article

14 of constitution of India. However the terms of “transferred

malice” is unknown is the field of legislation. With the passage of

time although meaning do not change but now experience give

new color to the meanings.

8. That India, a nation of impoverished, downtrodden, land less

labors and agriculturists is now characterized by mutual instability,

Political uncertainty, foreign inversion resulting in a serious set

each to the creative genius of citizens.

9. That the conquest of India by Clive Loyd in the battle of Plassey

says nothing about the superiority of invaders, but it was the

weakness of our characteristics through which we could have

become slaves subsequently the transfer of Power from British’s

gave rise to communal violence and migration of millions of

displaced persons. This communal disturbance caused

innumerable mental anguished between different sections of

society.

10. That the angle Saxon jurisprudence had celebrated with

profound bleeding contrary to the righteous conduct of ethics and

justice as the law must drive its sanction from the need of people

and not from terminal power. We have borrowed our constitution

our preamble and fundamental rights from constitution of U.S.A.,

Parliamentarian system from United Kingdom, directive principles

from constitution of Irish Republic State, elaborate provision of

Emergency from winner constitution of Germany, the Federal

System from Constitution of South Africa, Canada and Australia,

procedure establish by law under Article-21 from Constitution of

Japan.

11. That It is Irony of fate that we have won our independence on

the basis of original and novel experience but those ideals and

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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.

12. 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.

13. 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.

14. 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.

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15. That the birth of socialistic pattern of society and mixed

economy confounded speculation about India’s starvation our

potential of unlimited reservoir of skilled labor and abundance

trader’s skill 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 super outer perennial

sprit to naught.

16. 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 withdraw for

its ventilation and the remark lying in the sound sleep and if we

shout whether we are doing a good turn to same lighter sleeper?

17. 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.

18. 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.

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19. 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.

20. That The situation in country in present socio-political-

economical crisis is beyond explanation the prevailing maladies

generated on account of wrong policies based on “Divide and Rule

policy” by our politicians, and thereby exploiting the material

resources ruining our cultural heritage is direction effecting to the

individuals indulged in activities of production of our country. An

urge may lead to a big surge. This system can be changed by

cultivating public opinion.

21. That the real tragedy is to lift up the voice amongst the living

and meet with no response, neither approval nor opposition from

the public as if they are stranded in a boundless desert completely

at loss. An Iron House having not a single window, and virtually

indestructible with all its inmates sound asleep and about to die of

suffocation, whether by raising a shout to wake a few lighter

sleepers as those who are in the fast sleep would not feel the pain

of death, and there by making these unfortunate few lighter

making these unfortunate few lighter sleeper to suffer the agony of

irrevocable death, do we really things we are doing them a good

turn?

22. That there is no hope of destroying the Iron house through such

writing, but still one can not blocked out the hope, for hope

belongs to the future. There is no refutation of affirmation of faith.

Clear day light swallowed up the lamp light.

23. That Even Article 226, viewed on under prospective may be a

men to ventilation of collective or common grievances as

distinguished from assertion of individual rights, although the

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traditional view, backed by precedents has opted for the narrower

alternative public interest is promoted by a spacious consideration

of laws standing our socio-economic circumstances and

conceptual latitudenariarism permits taking liberties with

individualization of the right to involve the higher courts where the

remedy is shared by a considerable number particularly when

they are weaker less litigation consistent with the fair process is

the aim of aim of adjective law.

24. That now the court has also started taking interpretations of

statues in the modern positive approach have a purposeful

constitution as to effectuate the object and purpose of the Act,

instead of mechanical approach. Where the act is arbitrary it is

implicit in it that it is unequal both ending to political logic and

constitution law and is therefore held to be visualization of Article

14 of constitution of India. However the terms of “transferred

malice” is unknown is the field of legislation. With the passage of

time although meaning do not change but now experience give

new color to the meanings.

25. 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.

26. That Justice is a psychological yearning in which men seek

acceptance of their view point. An independent 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

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dissent. The maxim of ill justice is remedies have now enlarged to

embrace all interests of public minded citizens.

27. That the public activists are permitted to espouse the cause of

poor citizens. Public interest litigation at present constitution a

new chapter injustice delivery system and is acquiring a significant

degree of importance is the modern legal jurisprudence based on

true principle liberty and justice for all Social economic, political

and ideological causes have now expanded the role of courts for

sociological jurisprudence and judicial audit. Judicial activism has

opened up new dimension for judicial process. The judiciary has

to play a vital and important role not only in presenting and

remedying abuse and misuse of power but also in eliminating

exploitation and injustice.

28. That The seed of the concept of P.I.L. large deals not with

sophisticated litigants, but the rural poor, the urban by and the

weaker societal segments for whose law will be an add terror if

technical misdiscription and deficiencies in drafting pleading and

setting out the cause little create a secret weapon to non-suit a

part. Where foul play is absent, and fairness is not faulted latitude

is a grace of processual justice. Test litigation representative

actions prolonged public and like broadened forms of legal

proceedings are in keeping with the current accent on justice to

the common man and a necessary disincentive to those who wish

to try pass the real issues on merit by suspect reliance on

peripheral procedural short coming. this Hon’ble court may

graciously be pleased to restrict the sale and manufacturing of

these injurious soft drinks and prohibit the respondent no. 5 to

display the advertisement for the promotion of the sale of these

soft drinks on audio visual media as to restrict such item from the

access of the common citizen due to their unawareness.

29. 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

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endangers products for the eradication of the prevailing ailments

where is ordinary medical service has yet to invent proper

medicines.

30. That In the present case Professor Shiva Shankar Trivedi,

founder member of D. S. Research Center, Varanasi after due

dedication and sincerity in Association with his elder brother Late

Shri (Dr) Uma Shankar Tiwari has developed science for the

treatment of human ailments through the concept of Nutrients

Energy Therapy. The reason for the indulgent in such a tedious

research conducted by these two brothers was on account of their

brother namely Late Shri Daya Shankar Tiwari, who served the

nation in Active Army Service, but on account of suffering from

some unknown disease, the medical science could not even

diagnose the nature of ailments. This incidents has deviated Prof.

Shiv Shankar Trivedi to dedicate his life for the cure of such

ailments where the medical science has totally failed even to

diagnose the actual cause of such incurable disease.

31. That today after a dedicated life devoted from the year 1965,

Prof. Shiv Shankar Trivedi could have ultimately achieved the

glory of getting recognition to the research conducted during such

a long period. The first result of the success through such

research came in the knowledge of general public at large in the

year 1983. This was the first claim set up by any one of the

Research Institutions to have the complete cure of Cancer through

authority documentation and result of the said research.

32. That the entire research conducted at the Center known D. S.

Research Center, a society register under provisions of Society

Registration Act, is “Fear is an inherent characteristic of human

being and for obvious reasons”. Every minute 10 people dies in

Cancer. Your watch may stop picking but the phenomenon does

not what does it mean?

33. That the slogan may be highlighted by the potential gathered

after the research of more than 35 years with a successful cure of

cancer. Still now the fight of man and Cancer which should have

been between treatment and cancer, is not for eradication of

preventing melody, but by the rigmarole of technicalities by the

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circumventing the very object of the research under the garb of

technicalities by respondents. This is an alarming situation merely

for the reason that even sort of potential is crucify by such divisive

forces who are otherwise indulged in ruining the nation. The

WORLD HEALTH ORGANIZATION and other developed country

are giving due respect to the researches conducted by such

dedicated scientist on which the medical science has yet not been

able to provide an answer. It has been said that the blind faith is

deep which closes its eyes to the scientific inferences and terms a

deaf ear. The research of SARVAPISTI has crossed the barrier of

this deep scientific blind faith.

34. That there is neither any drug nor any chemical are used in

certain methodology for analyzing the result. The manufacturer of

medicine, which are mostly prepared from poison and drugs are

injurious upon the other organs of the body due to adverse

reaction. The indigenous product administered as nutrient energy

are extracted through 1621 products taken from environment.

Thus the ultimate cure is meant by the Naturopathy of taking the

ingredients of such cereals, leaves, timber, flower, vegetable and

fruits. There is the mixture of 16 type of water in the process.

35. That it is now well established that a family run institution in

Varanasi is treating the cancer patients and successful cure nearly

about 4000 acute cases till now. There are branches of center at

Varanasi and Kolkata located at Ragunathpur near Air Port, where

the research works are engaged in monitory approach result.

36. That the Patients need not come to any Research Center but

herbal produce are send direct to patients or their representative

after due diagnosis of disease of Cancer from other medical

resources not associated with the centre. It is after being

conversant with certain fact, in which organ of body, and from

when the Patient is suffering from the Cancer, the product made

the several type of Nutrient and water are provided in expenses

incurred in preparation of such indigenous product, which may not

be called the medicine in actual name of therapy provided to

patient as NUTRIENT ENERGY THERAPY.

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37. That The Center known as M/S D. S. Research Center is

located at Lane No. 8, 147A, Ravindrapuri Colony, Varanasi. It is

a society registered under Social Register Act. The objective of

social which has approved by the Registrar of U. P. under

provision of Social Register Act are following:-

(i) To have the research over the indigenous Nutrient and

after of the reasons of the energy produced therein for

keeping health and cure in the disease.

(ii) To preserve the atmosphere in accordance with the

outcome of the research conducted for eradication of

the disease in medical science.

(iii) To conduct the investigation and expansion of research

on basis of indigenous Method.

(iv) To develop the medicine for the service of public at large

by such Nutrient which can provide the energy with the

medicines.

(v) To promote the wherein, organize seminar to conduct the

deliverance and co-ordination medicine with the scientist

to find out the Nutrient Energy Science.

(vi) To find out cause taking the life by so called incurable

disease Cancer add a Leprosy.

(vii) To develop the atmosphere cured through population for

the health and life through resources and other method.

(viii) To implement a scheme of Central Government a World

Health Organization.

38. That after due registration and Society Registeration Act

regarding the objectives of the society, there may not be any

prohibition in the activities so profounded in consonance with the

objective of institution, any authority providing the restriction upon

such right with any irrational justification except incase of

restriction imposed under our constitution, the same shall be

deemed to be violative of fundamental rights guaranteed under

article 19 read with article 14 of the constitution of India. The true

copy of Registration Certificate dated 23-6-1997 and Bye Laws are

being filed here and marked as Annexure no 1 & 2 to this writ

petition.

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39. 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 a restriction upon a scientific temper of

an individual indulged in the research such an important function

of the society.

40. That the ingredients used for the purposes of getting the cure

from the disease of Cancer is comprising of 1621 article and 16

type of water like cereals, leaves, flowers, vegetables, fruits and

other natural produce in environment. There is neither any

chemical nor the poison used for the purpose of administering the

Nutrient Energy Therapy to the patients suffering from the disease

of Cancer. As already submitted that about 2000 patients were

cured upto 9 July 2001 as it evident by news item published in

widely circulated newspaper “Hindustan Times” under the heading

of making an effort to cure Cancer. The true copy of extract of

Article published 9-7-2001 in Hindustan Times is being filed here

and marked as Annexure no. 3

41. That in a recent article published from Jaipur regarding the

potential achievement of Nutrient Energy Therapy commonly

known as SERVAPISTI. It has been recorded that about 3423

patients cured from this disease of Cancer has been reported upto

the date of publication of article. The true copy of extract of article

used in preparation of the Nutrient Energy Therapy known as

Servapisti highlighting the potential of Nutrient Energy Therapy

known as Servapisti is being filed here with and marked as

Annexure no. 4

42. That similarly throughout country whenever expansion of

research was highlighted by giving potential relief giving to the

patients suffering incurable diseases like Cancer, the article

relating to Nutrient Energy Therapy over published as the article in

the different newspaper. The same may be presented before this

Hon’ble Court at the time of argument. The true coy of the extract

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of article published in the different newspaper are being filed here

with and marked as Annexure no. 5 collectively.

43. That under provision of Drug and Cosmetic Rules 1945,

restriction has been imposed by the Central Government under

Rule 106 of the aforesaid rules in Schedule ‘J’ that there are about

51 disease for which no one may be authorised to purport a claim

to prevent or cure or make claims to prevent or cure. The true

copy of list published and substituted by (21-E) dated 11-1-1996

making the prohibition for claiming the cure of certain diseases

which are considered at incurable by medical science are being

filed here with and marked as Annexure no 6.

44. That initially the Research Center was known as Baba

Vishwanath Ayurved Sansthan under the Presidentship of

Professor S. S. Trivedi. The registration certificate was issues by

Indian Institute of Medicine to Shri Indra Dev Tripathi who was

assigned with responsibility of Incharge of Production Unit. The

application was moved to licence Officer and Director Ayurved

U.P. LUCKNOW on the prescribed Performa contemplated under

the form 5D/ 24D. all the requirement were completed and

ultimately a certificate was issued containing list of items on which

the research may be conducted. The true copy of the details

forwarded on the prescribed Performa to the concerned authority

and the registration certificate issued by the Medical Council of

India permitting the formation of Ayurvedic medicine 31 in number

are filed here with and marked as Annexure no 7 and 8.

45. That the recognition availed on the basis of the research

conducted on NUTRIENT ENERGY THERAPY is not only having

recognition in the country but the aforesaid achievement has also

highlighted in U. S. based colligist of Indian Origin Serish, Parakh

reported remarkable recovery of Cancer and Liver through

administration of Servapisti. The true copy of report published in

Economic Time, Kolkata on 15 May, 2002 is being filed here with

and marked as Annexure no. 9

46. That the minister of health department wrote a letter regarding

achievement conducted Professor S. S. Trivedi in producing the

new medicine (Nutrient Energy Therapy) known as Ambrosia,

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Rajubin. The Professor of Ostrics and Gynecology Institute of

Medical Science, B. H. U. wrote a letter to the Director Central

Council, New Delhi regarding achievement of Professor S. S.

Trivedi for his pioneer tremendable work which has attracted the

attention in the medical field for its due promotion. The true copy

of letter written by Minister of Medical and Health Science,

Jaipur(Rajasthan) and Dr. Shail Dubey to the Director Central

Ayurvedic Research are being filed here with and marked as

Annexure no. 10 and 11.

47. That the intimation symposium of Ayurved, Yoga and

Naturopathy Wardha invited Prof. S. S. Trivedi to deliver of lecture

on the topic effecting compound of Ayurvedic (Preparation

Servapisti in Cancer). Prof. S. S. Trivedi invited as a Guest to

speak effect of compound Ayurvedic preparation in Cancer

through his Research Center at Varanasi. His name appeared as

serial no. 34 published by International Symposium. The true copy

of invitation conveyed by intimation symposium on Ayurvedic,

Yoga , Naturopathy and booklet are being filed and marked as

Annexure no 12 and 13.

48. That the research has been highlighted in the magazines

issued in different including Barabar and Sananda issued from

State of West Bengal(Kolkata). In both the magazine it has being

highlighted that disease of Cancer is not an incurable disease

now. Both the magazine may be produced at the time of argument

conducted before this Hon’ble Court.

49. That the petitioner no 2 is also the editor and Proprietor of

registered newspaper known as Kashi pratimaan, which is a

literary magazine fighting for the purposes of eradicating the

prevailing melodies in the profession of journalism and evil effect

of the image of such individual, who are indulged into the activities

detrimental in the interest and reputation of fourth pillar of our

democratic institution in the society.

50. The chapter of Fundamental duties introduced by our

Constitution (47 amendment) Act 1976, when decoded and dilated

may to encompass the various facet of human activity and

behavior which is plaguing our society is on account of the fact the

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Union of India and its beurocrates have forgotten the

corresponding duty as reciprocal to the Fundamental rights. The

system has virtually tears away the hearts of the basic

fundamental freedom from the approach of every citizen and

virtually the objective behind the directive principal of state policy

as enunciated under article 39-F for providing protection to the

children by the facilities in healthy manner and dignity to the

childhood has been abandoned due to the materialistic approach

of the society. Thus the judicial activism is required to dealt with

such a menace as has been done by the directive issue in the

social action litigation.

51. That on one hand a registered society indulged in the cause of

upliftment of the down trodden citizens at large suffering from the

alleged incurable disease like cancer etc. has been restraint by the

respondents to carry on their research by NUTRIENT ENERGY

THERAPY through the vegetable INDIGENOUS NATURAL

VEGETATION from the nature are being threat by the respondents

for closing their research centre under the garb of violation of

provisions of drugs and cosmetic act 1940 while on the other hand

the multi-national companies like the East Indian Company in the

past, are indulged in administering the poisonous and toxic

substance under the authority and licence of Coca –Cola, Pepsi,

Miranda, which is causing ulcer, gastro-intestinal problem and in

some case the renal failure and also to the cancer. There is no

authority prohibiting the advertisement of these cold drinks on the

Audio visible media like Door Darshan and these products have

yet not been banned even the effect of the consumption of these

soft drinks is in violation of the provisions of the food adulteration

act. The petitioners are placing some of the relevant factor relating

to the ill-effect of such soft drinks known as Coca cola and Pepsi in

the paragraphs written herein after in the present writ petition.

52. That the commercial advantage taken by the beurocrates in

collision with the manufacturer companies of the cold drink may

not be beneficial for the growth of the nation. A country having a

Constitution with the galaxy of Fundamental Rights is now being

rules with the governance through laissez-faire, policy with political

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set up having coordination with the divisive forces for economic,

social and national operation of the people al large.

53. That The country where 50% of population is still illiterate, is

required to be governed in such a manner as the illiterate person

may also get their right of survival in the nation. This is neither the

concept of the distributive justice nor the same is permissible from

any yard stick to promote such the injurious product through the

advertisement of the Government agencies like Doordarshan and

other channels.

54. That the effect of the advertisement directly reacts upon the

conscience of the people that the product shown through such

advertisement should have been approved by the Central

Government otherwise it would not have been displayed for the

consumption of the general public before obtaining of such product

from Indian Standard Institute and Quality Control Department.

Thus there is vicarious cause upon the Union of India to provide

the awareness to the public regarding the injurious effect of such a

product the human consumption. Every right is co-related and co-

existent with the duty and as such in a Sovereign Democratic

Republic. There may be the endeavor for the enlightenment from

the injurious and disastrous product to the public. Unfortunately

we can not achieve the objective of an egalitarian society which is

free from corruption, favoritism and nepotism even after the expiry

about 55 years from our independence.

55. That the soft drinks commonly known as Pepsi, Miranda, etc.

are being manufactured under the authority of Pepsi Co. Inc .

U.S.A. in India by the respondent no. 10 while the soft drinks

known as Coca Cola, Thums up, Fanta etc. are manufactured

under the license and authority of Coca Cola Company, U S A by

the respondent no 11. These cold drinks are having its ingredients

as carbonated water, sugar, citric acid, emulsifying agents,

sequestering and buffering agents, which are not only harmful, but

the use of these agents may be so injurious that the consumption

of these soft drinks to the extent of few litters may result in death

of an individual. The preservative flavour and carbic acid is further

injurious resulting in gesto intestinal digestive problem and finally

16

causing ulcer. However, on account of unawareness from the

potential harms to the public, the Indians offer these soft drinks as

a matter of grace in the honor of a guest. There is the irreparable

loss to the health of the children, who use to take these cold drinks

in order to provide a cooling effect in the body in the scorching

heat during the summer.

56. That it has come to the knowledge of the people in U.S.A. on

the basis of a research conducted regarding the injurious effect of

these cold drinks which was published in a research journal

namely” THE EARTH LAND GENERAL”. According to its report,

the contents of one bottle of soft drink may have about 40 to 72

Milligram of psychotropic substance i.e. Glycerin, Eastergum and

glycol which is extracted from the corpus of the dead animals. It

has been observed that on account of having the citric acid, it has

got the same effect in the body which phenyl may give effect for

washing the tiles. It has been said that if the rust is given effect

upon the cloths, it may remove the blot if we may rub them after

pouring the cold drink inside the washing machine. It removes the

grease from the strain cloths. The true copy of article published in

Kalyan Magzine is filed herewith and marked as Annexure 14.

57. That in the article written by the journalist in Hindustan Times,

( H T ALLAHABAD LIVE) on the basis of observations made by

Dr. Dhanesh Agrahari, it has been found that “ Looking at the

ingredients written on the label of a premier soft drink, containing

1.5 litre soft drink, you will find that it contains phosphoric acid.

Minute quantities of ethylene glycol are also used. This is

popularly known as antifreeze, which prevents water from freezing

at 0 degree Celsius and instead, drops the temperature by(- 4) – (-

5) degrees. The chemical is the caliber arsenic, Dr. Dhansesh

Agrahari suggests. The true copy of the Article published in

Hindustan Times is filed As Annexure 15 to the Petition.

58. That according to him, we should prefer flavoured milk, tender

coconuts, butter milk, lassie and plain water to soft drinks. He told

Hindustan Times live that the P H value of these soft drinks is very

low and causes digestive problems. It also affects the esophagus

and finally causes ulcer. Its acidity is strong enough to dissolve

17

teeth and bones. Human body stops building bones at the age of

about 30 years.

59. That our nation is not a rich country as it may afford the

treatment to the poor person without realisation of the exorbitant

money required to be invested for the cure of the ailments. It is

not with in the means of every citizens to get the proper treatment

whenever he is having certain Gastro-Intestinal problem effecting

the Neurosis system. It is unfortunate that the harmful product is

gaining social acceptance but it causes Ulcer and other Renal

problem. The convenient sachets and high profile advertising

featuring celebrities, boosted the sale of Coco-Cola and Pepsi

among the young men and children. The consumption of the

aforesaid property is gaining popularity among the school going

children despite knowing the ill effect of such drinks upon their

Intestine. It is necessary to provide the adequate quantity of fruit

juice, Milk shake and even the pure water and there should be the

boosting incentives provided through the machinery upon the

Government which are such indigenous product which are

available in the country in abundance.

60. That there is number of laws for the prevention of adulteration

of the food stuffs. The prevention of Adulteration Act prohibits the

manufacture, storing and sale of adulterated foodstuffs for human

consumption. It has been enacted for regulating the law so as to

prevent the adulteration of food stuffs, which effect the people and

their health.

61. The object and the aim of the prevention of adulteration Act is

to eradicate the effect of anti social evil of procuring the money by

supplying the adulterated food and for ensuring the purity of the

articles of food.

62. That where the statute creates an offence and imposes a

penalty of fine and imprisonment, the language of the statute has

to be construed strictly,

63. That the distribution of the impure and adulterated food stuff for

consumption is an act perilous to human life and health, hence a

dangerous act in itself. It is submitted that by the aforesaid act, the

same may not be made innocent or harmless by the want of

18

knowledge or by the good faith of the seller. It is the act itself, not

the intent, that determines the guilt and the actual harm to the

public is the same in one case as in the other. Thus the seller of

the food article is under the duty of ascertaining at his peril, where

the article of food confirms to the standard fixed by the statute,

otherwise the adulterated food make an intent and element of the

offence.

64. That misbranding of the ingredients of the foodstuffs is the

rampant evil and the statute calculated to control that evil is

indisputable belief in the interest of general public. The protection

of the liberty of the citizens, blameworthy mental condition, is and

ingredient by clear implication as an offence under the act enacted

to deal with a grave social evil and for ensuring public welfare.

Thus it is necessary in the larger public interest to provide for

imposition of liability without proof of a guilty mind. The

manufacture, seller and the distributors of the adulterated food

may not be exonerated from their liabilities, if the article of food

does not conform to the prescribed standard.

65. That according to definition clause under section 2(a) of

Prevention of Food Adulteration Act, 1954:- “ adulterated “- an

article of food shall be deemed to be adulterated-

(a) if the article sold by a vendor is not of the nature,

substance or quality demanded by the purchaser and is to

his prejudice, or is not of the nature, substance or quality

which is purports or is represented to be;

(b) if the article contains any other substance which affects,

or if the article is no processed as to affect injuriously the

nature, substance or quality thereof;

(c) if any inferior or cheaper substance has been substituted

wholly or in part for the article so as to affect injuriously

the nature, substance or quality thereof;

(d) if any constituent of the article has been wholly or in part

abstracted so as to affect injuriously the nature, substance

or quality thereof;

19

(e) if the article had been prepared, packed or kept under in

sanitary conditions whereby it has become contaminated

or injurious to health;

(f) if the article consists wholly or in part of any filthy, putrid,

rotten, decomposed or diseased animal or vegetable

substance or is insect-infested or is otherwise unfit for

human consumption;

(g) if the article is obtained from a diseased animal;

(h) if the article contains any poisonous or other ingredient

which renders it injurious to health;

(i) if the container of the article is composed, whether wholly

or in part, of any poisonous or deleterious substance

which renders its contents injurious to health;

(j) if any colouring matter other than that prescribed in

respect thereof is present in the article, or if the amounts

of the prescribed colouring matter which is present in the

article are not within the prescribed limits of variability;

(k) if the article contains any prohibited preservative or

permitted preservative in excess of the prescribed limits;

(l) if the quality or purity of the article falls below the

prescribed standard or its constituents are present in

quantities not within the prescribed limits of variability,

which renders it injurious to health;

(m) if the quality or purity of the article falls below the

prescribed standard or its constituents are present in

quantities not within the prescribed limits of variability but

which does not render it injurious to health;

Provided that, where the quality or purity of the article being

primary food, has fallen below the prescribed standards or its

constituents are present in quantities not within the

prescribed limits of variability, in either case, solely due to

natural causes and beyond the control of human agency,

then, such article shall not be deemed to be adulterated

within the meaning of this sub-clause.

20

Explanation;- Where two or more articles of primary food are

mixed together and the resultant article of food-

(a) is stored, sold or distributed under a name which denotes

the ingredients thereof ; and

(b) is not injurious to health,

then, such resultant article shall not be deemed to be

adulterated within the meaning of this clause”.

66. That according to section 7 of the aforesaid Act, there is

prohibition for manufacturing the adulterated article for sale or

store, sell or distribute any adulterant. Section 16 of aforesaid Act

prescribes the penalties for the prohibited articles by himself or by

any other person and a certificate of analysis made by the Director

of Food Laboratory or by a public analyst is required for the

purposes of advertising any article of food. It is submitted that in

case of Inderjeet vs. State of UP. AIR 1979 SC 1867, the validity

of section 7 and 16 has been upheld by the Hon’ble Supreme

Court. It has been held that these sections do not violate Article

19(1)(g) of the Constitution of India.

67. That under section 17 there are the punishment prescribed for

an offence committed by a Company, which means any body

corporate and includes a firm or other association of individuals.

The forfeiture of the property of any person convicted under the

act for the contravention of any provision may be done under

section 18 of the Act. Thus the law has taken all such sort of the

measurements including the requirement of carrying a label on

every package of the food wherein the description of the food

contained in the package and the name of the ingredient must be

prescribed according to Rule 32 of the aforesaid Act.

68. That although in case of artificial flavoring substances the name

of the chemical of the flavour may not be required to be declared,

but there is no provision that under the garb of the preservative,

one may avail protection for using the harmful chemicals, which

may affect the digestive system of the human body. Thus the

requirement of carrying a label by disclosing the name of chemical

harmful for the human consumption has not been maintained by

the respondents manufacturers of the cold drinks.

21

69. That although a sanction is required of the public analyst

containing a report of the local health authority or by the Director

Central Food Laboratory, but any certificate issued by the Director

of Central Food Laboratory may not be sufficient if the ingredient

of the adulterated food articles have got the hazardous substance,

which is detrimental for the life of the individuals. The requirement

of obtaining such permission may not be having overriding effect

upon the infringement of fundamental rights guaranteed to the

citizens under Article 21 of the Constitution of India.

70. That apart from this the adulterations of the food articles have

also been dealt with the punishment under section 272 to 276 of

Indian Penal Code. Thus if the respondents manufacturers of the

soft drinks are found that the contents of the drink intended for

sale is noxious drink which is sold in the sealed bottle, they may

liable for the punishment. It is submitted that it has been claimed in

the numerous report submitted in the news paper and also in the

journals that the ingredients of the soft drinks are spurious under

the banner of the preservents and other hazardous substance and

chemicals, a prima facie case is made out against them.

71. That about 600 students of YMCA school recently destroyed

Pepsi bottles and canes to lodge their protest and oppose use of

all multi- national companies (MNCs) products in the country. The

Purpose was to spread the message of their personal commitment

to help the economy of the country and make the people aware of

the health hazards that emanates from drinking Pepsi and Coca-

Cola. The true copy of the paper cutting of news paper Hindustan

TimesDt.18-8-2001 having the said report is filed as Annexture-16

72. It is well known that the increase of the vitamin and iron in the

diet of an individual through the consumption of the vegetable

soup may also increase the resistance to the human body from the

external infections. The latest recommendation from the Institute

of Medical Penal for Dietary allowances (R. D.S.) of Vitamin A and

several nutrients as yet not been implemented the Juice of the

Vegetables such as Carrots, Broccoli and Sweet Potatoes is

recommended which is very useful for reducing the risk of birth

22

defects in the newly born children. The recommendation of the

Dietary Allowance to the quantity of 900 mg per day for Men and

700 mg per day for Women may prevent the health hazard and

since the need for such the vegetarian product for consumption is

double their intake because the body absorbs these minerals less

efficiently from Cereals any non-vegetarian. Thus the prohibition

of these cold-drinks may not effect the public at large form

deprivation cooling down themselves during the scorching heat but

it may be benefited by the consumption of the rich vegetarian

bewareness and ultimately providing a health consciousness to

the public at large.

73. That this Hon’ble court on account of being the custodian of

the public interest at large, may graciously pleased to prohibit the

Union of India and its instrumentilities to prohibit the display of the

advertisement relating to the boosting of the sale of Coco-cola,

Pepsi and other soft-drinks manufactures and sale under the

authority of the Respondents no. 4 and 5 has these cold-drinks are

having the effect of slow poisoning to the life of the people and

their effect is so injurious upon the health of the citizen that it may

ultimately causes numbness and restlessness. There should be a

note of caution on every bottle displaying the fact that the use is

immensely harmful for the human consumption otherwise there will

be drastic effect upon the life and livelihood of the innocent citizen

who are not aware of regarding of the ill-effect of these cold-drinks.

74. That the enquiry should have been conducted by the official

dealing with the prevention of food adulteration as to give effect to

an awareness drive causing an immense relief against the slow

poisoning to such person who consumes it without knowing the

side effect of these cold-drinks upon the Intestine, Esophagus,

Neurotic system and to the Kidney which are valuable organ for

the survival of the human being otherwise the public at large may

suffer which can not be compensated in the term of money.

75. That it is the duty of every citizen to cherish and follow the



23






medicines.

76. 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 means more than 50

lakh a year- a large chuck of the population—that can even create

a metro city. That too is not the extreme point.

77. That the graph is continuously rising giving signal of more

dangerous timed 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.

78. That they only stay insert, the have no way at hand to even

resist the rise of the graph, nor have they any escape routs.

Cancer kills and they die-the process continues. WHO scientists

are preparing the graph.

79. That the slogan of the M/S D.S. Research Centre is that

nutrient energy is the sole prescription of nature for keeping up

health , resisting unfavourable conditions and curing ailments. Our

food is the reservoir of this energy.

80. That they have no illusion about our ability or inability to fight

cancer or what may happen in the coming days. They minutely

study the activities in our research laboratories and so do not have

to pay heed to the statements of Cancer scientists to draw graphs.

Had they even got some inkling of progress in the research labs

24

their drawing pencils would have stopped moving or at least

slowed down. That is not to be! What an irony! Even the students

of Geography cannot draw sketches and maps so easily.

81. That instead of providing the incentive and other promotional

avenue for the prospects of getting the advancement of the

research conducted by M/S D.S. Research Centre by keeping

their contribution for the upliftment of the cause for curing the

cancer disease through nutrient energy therapy without any use of

chemical and other toxic substance which are used for

manufacturing the drugs and medicine, the aforesaid research

centre of the registered society is now suffering from the wrap 0f

the multi-nationals having their influence upon the bureaucrats and

thereby destroying the cultural heritage of our country, The

position is so alarming that there was the unauthorised and illegal

seizure of the nutrient extracted from the natural vegetables under

the garb of the alleged circular prohibiting the claim for the

complete cure of certain alleged incurable diseases. The

impugned action of the respondents purported to have been done

in pursuance of Schedule’J’ ( Rule 106 of Drugs and cosmetic

Rules, 1945) ( Annexure- ) is wholly arbitrary, unconstitutional and

void.

82. That The M/S D.S. Search Centre Has Developed The Nutrient

Energy Therapy For The Cure Of Diabetes, Blood Pressure, Hyper

Tension, Cardiac Vescular Ailments And Also To Fight Against

Paralysis. The Success Achieve In Such Type Of The Research

Is Highlighted By The Perusal Of The Successful Cure Conducted

Over The Individuals Suffering From Such Incurable Diseases As

Alleged By The Officials Of Drugs And Medicine Department.

There is a long story of the success gain by the centre from the

year of 1965. It was in the year 1985 when there was a circular

issued for the purposes of providing the incentive by de-licensing

the industries indulged in developing the new scientific skill and

temperament based on the research through indigenous produce

of the vegetation and the extract of natural environment for

providing nutrient energy therapy like present research centre .

25

83. That In the aforesaid context a letter was written to then Prime

minister Sri Rajeev Gandhi for providing patronage sought for the

furtherance of the research work on the basis of scientific

experiment as to lead the nation towards a novel approach to

health problem of the masses. The true copy of the newspaper

article published in Indian Nation on 18-3-1985 and the

representation submitted to then Prime Minister Late Shri Rajeev

Gandhi in this regard by the petitioner No 4 and 5 are filled as

ANNEXTURE NO 17 AND 18.

84. That despite all these facts, it appears that certain authority

under the garb of violation of certain provisions of drugs and

cosmetic act have now got the seizure of the nutrient energy from

the centre of Kolkata. It has been done on the behest of some

individual who wanted to extract the money by contemplating that

there may not any cure of the cancer. The provision of magic

remedies act (objectionable Advertisement) 1984 has also been

illegally taken for such the illegal exercise. There can not be any

first information report lodge under the provisions of drugs and

cosmetic act prohibiting the use of nutrient food energy product

extracted from the vegetables, nor the provisions of magic

remedies act are attracted in the present circumstance of the case.

85. That under the garb of the impugned action the Incharge of

Drug section enforcement branch has conducted certain

proceedings against the branch office situated at 160 M.G. Road

Kolkata. There is the seizure of the nutrient energy vegetables

food article costing about more that 15 Lac by the officials under

the respondents without any authority under law. Ultimately there

is the closure of the research centre situated at the 2 nd floor at

160 M.G. Road Kolkata under the garb of the provisions of Rule

106 of the Drugs and cosmetic rules read with section 3,12,17,18

and 27 of rthe Drugs and cosmetic act 1940. The aforesaid action

is not only illegal as none of the provisions are attracted for the

purposes of adopting the coercive action against the officials

working in the branch office of M/S D.S Research Centre at

Kolkata but the same is violative of article 14,19 (1)(a)& (g), 21

and article 38 readwith directive principle of state policy.

26

86. That about 300 patients undertaking the treatment at Kolkata

branch have assembled who were undergoing the treatment of

nutrient energy therapy from the branch of the Kolkata after the

unlawful restraint provided by the officials of drugs and cosmetic

department. Some of the patients were partially recovered from

the ailment of cancer while other persons are still required to be

given nutrient energy therapy from the centre at Kolkata, There is

a mass agitation against the illegal restraint from conducting the

research through such centre. Thus the representation is also

made through this P.I.L. to the patients undertaking the treatment

for the complete cure of the cancer through nutrient energy

therapy provided by the research centre . The true copy of the

news paper namely Prabhat Khabar Published 3-8-2002 in this

regard is filed as annexure No19.

87. That now the officials under the respondents are providing the

undue interference through the administrative and police

personnel’s for the closure of the D.S. research centre. This has

resultant to the irreparable loss not only to the patients undergoing

their treatment through nutrient energy therapy but the general

public at large unlawful restriction imposed on the right the

professions of scientific research centre for which none of

restriction imposed under article 19 (2) to (6) of the constitution of

India.

88. That under these circumstances, it is expedient in the interest

of justice that this Hon’ble court may graciously be pleased to

restraint the respondents from taking any coercive action against

the persons associated in the research conducted through the

administration of the nutrient energy therapy for the cure of the

disease cancer diabetes, blood pressure, cardiac vescular

ailments and even the paralysis. There may not be interference by

any one of the agency under the respondents to impose the

arbitrary restriction in conducting the research through nutrient

energy therapy for the cure of cancer. The schedule 'J’ under Rule

106 of the drugs and cosmetic rule 1945 may be declare as ultra

vires, unconstitutional and void. The provisions of drugs and

cosmetic act and also pertaining magic remedies act

27

( objectionable advertisement act, 1984 may be declare to have

not be attracted for taking any coercive action against the M/S

D.S. Research Centre and against the members of the aforesaid

registered society in due discharge of their service for the

upliftment of the cause of the patient suffering from the alleged

incurable disease like cancer, otherwise the petitioner may suffer

irreparable loss and injury.

89. That it is prayed that since on one hand centre like D.S. centre

are closed by the threat of the respondents for the alleged violation

of provisions of drugs and cosmetic Act, 1940 and Rules there

under, while on the other hand the multi-national company

sponsoring the advertisement and promotional incentive to the

Coca Cola and Pepsi and the other soft drinks under the authority

and licence of multi national co, are given their free hand to

provide the flight to the illiterate down trodden people in the society

for having such ailment and incurable disease like ulcer kidney

failure and even in some cases the disease of the cancer.

90. 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.

91. That the present writ petition is filed as a Public Interest

Litigation/social Action litigation on the following amongst other

grounds.

GROUNDS

1. 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

28

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.

2. Because 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.

3. Because the birth of socialistic pattern of society and mixed

economy confounded speculation about India’s starvation our

potential of unlimited reservoir of skilled labor and abundance

trader’s skill 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 super outer perennial

sprit to naught.

4. Because this Hon’ble court on account of being the custodian of

the public interest at large, may graciously pleased to prohibit the

Union of India and its instrumentilities to prohibit the display of the

advertisement relating to the boosting of the sale of Coco-cola,

Pepsi and other soft-drinks manufactures and sale under the

authority of the Respondents no. 4 and 5 has these cold-drinks are

having the effect of slow poisoning to the life of the people and

their effect is so injurious upon the health of the citizen that it may

ultimately causes numbness and restlessness. There should be a

29

note of caution on every bottle displaying the fact that the use is

immensely harmful for the human consumption otherwise there will

be drastic effect upon the life and livelihood of the innocent citizen

5. Because 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 means more than 50

lakh a year- a large chuck of the population—that can even create

a metro city. That too is not the extreme point.

6. Because the officials under the respondents are providing the

undue interference through the administrative and police

personnel’s for the closure of the D.S. research centre. This has

resultant to the irreparable loss not only to the patients undergoing

their treatment through nutrient energy therapy but the general

public at large unlawful restriction imposed on the right the

professions of scientific research centre for which none of

restriction imposed under article 19 (2) to (6) of the constitution of

India.

7. Because the seed of the concept of P.I.L. large deals not with

sophisticated litigants, but the rural poor, the urban by and the

weaker societal segments for whose law will be an add terror if

technical misdiscription and deficiencies in drafting pleading and

setting out the cause little create a secret weapon to non-suit a

part. Where foul play is absent, and fairness is not faulted latitude

is a grace of processual justice.

8. Because Test litigation representative actions prolonged public

and like broadened forms of legal proceedings are in keeping with

the current accent on justice to the common man and a necessary

disincentive to those who wish to try pass the real issues on merit

by suspect reliance on peripheral procedural short coming.

9. Because this Hon’ble court may graciously be pleased to restrict

the sale and manufacturing of these injurious soft drinks and

30

prohibit the respondent no. 5 to display the advertisement for the

promotion of the sale of these soft drinks on audio visual media as

to restrict such item from the access of the common citizen due to

their unawareness.

10. Because it is the duty of every citizen to cherish and follow the








medicines.

11. Because In the present case Professor Shiva Shankar Trivedi,

founder member of D. S. Research Center, Varanasi after due

dedication and sincerity in Association with his elder brother Late

Shri (Dr) Uma Shankar Tiwari has developed science for the

treatment of human ailments through the concept of Nutrients

Energy Therapy. The reason for the indulgent in such a tedious

research conducted by these two brothers was on account of their

brother namely Late Shri Daya Shankar Tiwari, who served the

nation in Active Army Service, but on account of suffering from

some unknown disease, the medical science could not even

diagnose the nature of ailments. This incidents has deviated Prof.

Shiv Shankar Trivedi to dedicate his life for the cure of such

ailments where the medical science has totally failed even to

diagnose the actual cause of such incurable disease.

12. Because today after a dedicated life devoted from the year

1965, Prof. Shiv Shankar Trivedi could have ultimately achieved

the glory of getting recognition to the research conducted during

such a long period. The first result of the success through such

research came in the knowledge of general public at large in the

year 1983. This was the first claim set up by any one of the

31

Research Institutions to have the complete cure of Cancer through

authority documentation and result of the said research.

13. Because the entire research conducted at the Center known D.

S. Research Center, a society register under provisions of Society

Registration Act, is “Fear is an inherent characteristic of human

being and for obvious reasons”. Every minute 10 people dies in

Cancer. Your watch may stop picking but the phenomenon does

not what does it mean?

14. Because the slogan may be highlighted by the potential

gathered after the research of more than 35 years with a

successful cure of cancer. Still now the fight of man and Cancer

which should have been between treatment and cancer, is not for

eradication of preventing melody, but by the rigmarole of

technicalities by the circumventing the very object of the research

under the garb of technicalities by respondents.

15. Because this is an alarming situation merely for the reason that

even sort of potential is crucify by such divisive forces who are

otherwise indulged in ruining the nation. The WORLD HEALTH

ORGANIZATION and other developed country are giving due

respect to the researches conducted by such dedicated scientist

on which the medical science has yet not been able to provide an

answer. It has been said that the blind faith is deep which closes

its eyes to the scientific inferences and terms a deaf ear.

16. Because the research of SARVAPISTI has crossed the barrier

of this deep scientific blind faith.

17. Because there is neither any drug nor any chemical are used in

certain methodology for analyzing the result. The manufacturer of

medicine, which are mostly prepared from poison and drugs are

injurious upon the other organs of the body due to adverse

reaction. The indigenous product administered as nutrient energy

are extracted through 1621 products taken from environment.

32

Thus the ultimate cure is meant by the Naturopathy of taking the

ingredients of such cereals, leaves, timber, flower, vegetable and

fruits. There is the mixture of 16 type of water in the process.

18. Because it is now well established that a family run institution in

Varanasi is treating the cancer patients and successful cure nearly

about 4000 acute cases till now. There are branches of center at

Varanasi and Kolkata located at Ragunathpur near Air Port, where

the research works are engaged in monitory approach result.

19. Because the Patients need not come to any Research Center

but herbal produce are send direct to patients or their

representative after due diagnosis of disease of Cancer from other

medical resources not associated with the centre. It is after being

conversant with certain fact, in which organ of body, and from

when the Patient is suffering from the Cancer, the product made

the several type of Nutrient and water are provided in expenses

incurred in preparation of such indigenous product, which may not

be called the medicine in actual name of therapy provided to

patient as NUTRIENT ENERGY THERAPY.

20. Because the Center known as M/S D. S. Research Center is

located at Lane No. 8, 147A, Ravindrapuri Colony, Varanasi. It is

a society registered under Social Register Act. The objective of

social which has approved by the Registrar of U. P. under

provision of Social Register Act are following:-

To have the research over the indigenous Nutrient and

after of the reasons of the energy produced therein for keeping

health and cure in the disease.

To preserve the atmosphere in accordance with the outcome

of the research conducted for eradication of the disease in

medical science.

To conduct the investigation and expansion of research on

basis of indigenous Method.

To develop the medicine for the service of public at large by

such Nutrient which can provide the energy with the medicines.

33

To promote the wherein, organize seminar to conduct the

deliverance and co-ordination medicine with the scientist to find

out the Nutrient Energy Science.

To find out cause taking the life by so called incurable

disease Cancer add a Leprosy.

To develop the atmosphere cured through population for

the health and life through resources and other method.

To implement a scheme of Central Government a World

Health Organization.

21. Because after due registration and Society Registeration Act

regarding the objectives of the society, there may not be any

prohibition in the activities so profounded in consonance with the

objective of institution, any authority providing the restriction upon

such right with any irrational justification except incase of

restriction imposed under our constitution, the same shall be

deemed to be violative of fundamental rights guaranteed under

article 19 read with article 14 of the constitution of India.

22. 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 a restriction upon a scientific

temper of an individual indulged in the research such an important

function of the society.

23. Because the ingredients used for the purposes of getting the

cure from the disease of Cancer is comprising of 1621 article and

16 type of water like cereals, leaves, flowers, vegetables, fruits

and other natural produce in environment. There is neither any

chemical nor the poison used for the purpose of administering the

Nutrient Energy Therapy to the patients suffering from the disease

of Cancer. As already submitted that about 2000 patients were

34

cured upto 9 July 2001 as it evident by news item published in

widely circulated newspaper “Hindustan Times” under the heading

of making an effort to cure Cancer.

24. Because in a recent article published from Jaipur regarding the

potential achievement of Nutrient Energy Therapy commonly

known as SERVAPISTI. It has been recorded that about 3423

patients cured from this disease of Cancer has been reported upto

the date of publication of article.

25. Because similarly throughout country whenever expansion of

research was highlighted by giving potential relief giving to the

patients suffering incurable diseases like Cancer, the article

relating to Nutrient Energy Therapy over published as the article in

the different newspaper. The same may be presented before this

Hon’ble Court at the time of argument.

26. Because under provision of Drug and Cosmetic Rules 1945,

restriction has been imposed by the Central Government under

Rule 106 of the aforesaid rules in Schedule ‘J’ that there are about

51 disease for which no one may be authorised to purport a claim

to prevent or cure or make claims to prevent or cure.

27. Because Justice is a psychological yearning in which men seek

acceptance of their view point. An independent 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

35

dissent. The maxim of ill justice is remedies have now enlarged to

embrace all interests of public minded citizens.

28. Because the public activists are permitted to espouse the cause

of poor citizens. Public interest litigation at present constitution a

new chapter injustice delivery system and is acquiring a significant

degree of importance is the modern legal jurisprudence based on

true principle liberty and justice for all Social economic, political

and ideological causes have now expanded the role of courts for

sociological jurisprudence and judicial audit. Judicial activism has

opened up new dimension for judicial process. The judiciary has

to play a vital and important role not only in presenting and

remedying abuse and misuse of power but also in eliminating

exploitation and injustice.

29. Because The M/S D.S. Search Centre Has Developed The

Nutrient Energy Therapy For The Cure Of Diabetes, Blood

Pressure, Hyper Tension, Cardiac Vescular Ailments And Also To

Fight Against Paralysis. The Success Achieve In Such Type Of

The Research Is Highlighted By The Perusal Of The Successful

Cure Conducted Over The Individuals Suffering From Such

Incurable Diseases As Alleged By The Officials Of Drugs And

Medicine Department. There is a long story of the success gain by

the centre from the year of 1965. It was in the year 1985 when

there was a circular issued for the purposes of providing the

incentive by de-licensing the industries indulged in developing the

new scientific skill and temperament based on the research

through indigenous produce of the vegetation and the extract of

natural environment for providing nutrient energy therapy like

present research centre .

30. Because the commercial advantage taken by the beurocrates in

collision with the manufacturer companies of the cold drink may

not be beneficial for the growth of the nation. A country having a

Constitution with the galaxy of Fundamental Rights is now being

rules with the governance through laissez-faire, policy with political

36

set up having coordination with the divisive forces for economic,

social and national operation of the people al large.

31. Because The country where 50% of population is still illiterate,

is required to be governed in such a manner as the illiterate

person may also get their right of survival in the nation. This is

neither the concept of the distributive justice nor the same is

permissible from any yard stick to promote such the injurious

product through the advertisement of the Government agencies

like Doordarshan and other channels.

32. Because the effect of the advertisement directly reacts upon

the conscience of the people that the product shown through such

advertisement should have been approved by the Central

Government otherwise it would not have been displayed for the

consumption of the general public before obtaining of such product

from Indian Standard Institute and Quality Control Department.

Thus there is vicarious cause upon the Union of India to provide

the awareness to the public regarding the injurious effect of such a

product the human consumption. Every right is co-related and co-

existent with the duty and as such in a Sovereign Democratic

Republic. There may be the endeavor for the enlightenment from

the injurious and disastrous product to the public. Unfortunately

we can not achieve the objective of an egalitarian society which is

free from corruption, favoritism and nepotism even after the expiry

about 55 years from our independence.

33. Because the soft drinks commonly known as Pepsi, Miranda,

etc. are being manufactured under the authority of Pepsi Co. Inc .

U.S.A. in India by the respondent no. 10 while the soft drinks

known as Coca Cola, Thums up, Fanta etc. are manufactured

under the license and authority of Coca Cola Company, U S A by

the respondent no 11. These cold drinks are having its ingredients

as carbonated water, sugar, citric acid, emulsifying agents,

sequestering and buffering agents, which are not only harmful, but

the use of these agents may be so injurious that the consumption

37

of these soft drinks to the extent of few litters may result in death

of an individual.

34. Because The preservative flavour and carbic acid is further

injurious resulting in gesto intestinal digestive problem and finally

causing ulcer. However, on account of unawareness from the

potential harms to the public, the Indians offer these soft drinks as

a matter of grace in the honor of a guest. There is the irreparable

loss to the health of the children, who use to take these cold drinks

in order to provide a cooling effect in the body in the scorching

heat during the summer.

35. Because it has come to the knowledge of the people in U.S.A.

on the basis of a research conducted regarding the injurious effect

of these cold drinks which was published in a research journal

namely” THE EARTH LAND GENERAL”. According to its report,

the contents of one bottle of soft drink may have about 40 to 72

Milligram of psychotropic substance i.e. Glycerin, Eastergum and

glycol which is extracted from the corpus of the dead animals. It

has been observed that on account of having the citric acid, it has

got the same effect in the body which phenyl may give effect for

washing the tiles. It has been said that if the rust is given effect

upon the cloths, it may remove the blot if we may rub them after

pouring the cold drink inside the washing machine. It removes the

grease from the strain cloths.

36. Because in the article written by the journalist in Hindustan

Times,( H T ALLAHABAD LIVE) on the basis of observations

made by Dr. Dhanesh Agrahari, it has been found that “ Looking at

the ingredients written on the label of a premier soft drink,

containing 1.5 litre soft drink, you will find that it contains

phosphoric acid. Minute quantities of ethylene glycol are also

used. This is popularly known as antifreeze, which prevents water

from freezing at 0 degree Celsius and instead, drops the

temperature by(- 4) – (-5) degrees. The chemical is the caliber

arsenic, Dr. Dhansesh Agrahari suggests.

38

37. Because we should prefer flavoured milk, tender coconuts,

butter milk, lassie and plain water to soft drinks. He told Hindustan

Times live that the P H value of these soft drinks is very low and

causes digestive problems. It also affects the esophagus and

finally causes ulcer. Its acidity is strong enough to dissolve teeth

and bones. Human body stops building bones at the age of about

30 years.

38. Because our nation is not a rich country as it may afford the

treatment to the poor person without realisation of the exorbitant

money required to be invested for the cure of the ailments. It is

not with in the means of every citizens to get the proper treatment

whenever he is having certain Gastro-Intestinal problem effecting

the Neurosis system. It is unfortunate that the harmful product is

gaining social acceptance but it causes Ulcer and other Renal

problem.

39. Because The convenient sachets and high profile advertising

featuring celebrities, boosted the sale of Coco-Cola and Pepsi

among the young men and children. The consumption of the

aforesaid property is gaining popularity among the school going

children despite knowing the ill effect of such drinks upon their

Intestine. It is necessary to provide the adequate quantity of fruit

juice, Milk shake and even the pure water and there should be the

boosting incentives provided through the machinery upon the

Government which are such indigenous product which are

available in the country in abundance.

40. Because there is number of laws for the prevention of

adulteration of the food stuffs. The prevention of Adulteration Act

prohibits the manufacture, storing and sale of adulterated

foodstuffs for human consumption. It has been enacted for

regulating the law so as to prevent the adulteration of food stuffs,

which effect the people and their health.

41. Because the object and the aim of the prevention of

adulteration Act is to eradicate the effect of anti social evil of

39

procuring the money by supplying the adulterated food and for

ensuring the purity of the articles of food.

42. Because where the statute creates an offence and imposes a

penalty of fine and imprisonment, the language of the statute has

to be construed strictly,

43. Because the distribution of the impure and adulterated food

stuff for consumption is an act perilous to human life and health,

hence a dangerous act in itself. It is submitted that by the

aforesaid act, the same may not be made innocent or harmless by

the want of knowledge or by the good faith of the seller. It is the

act itself, not the intent, that determines the guilt and the actual

harm to the public is the same in one case as in the other. Thus

the seller of the food article is under the duty of ascertaining at his

peril, where the article of food confirms to the standard fixed by the

statute, otherwise the adulterated food make an intent and

element of the offence.

44. Because misbranding of the ingredients of the foodstuffs is the

rampant evil and the statute calculated to control that evil is

indisputable belief in the interest of general public. The protection

of the liberty of the citizens, blameworthy mental condition, is and

ingredient by clear implication as an offence under the act enacted

to deal with a grave social evil and for ensuring public welfare.

Thus it is necessary in the larger public interest to provide for

imposition of liability without proof of a guilty mind. The

manufacture, seller and the distributors of the adulterated food

may not be exonerated from their liabilities, if the article of food

does not conform to the prescribed standard.

45. Because according to section 7 of the aforesaid Act, there is

prohibition for manufacturing the adulterated article for sale or

store, sell or distribute any adulterant. Section 16 of aforesaid Act

prescribes the penalties for the prohibited articles by himself or by

any other person and a certificate of analysis made by the Director

40

of Food Laboratory or by a public analyst is required for the

purposes of advertising any article of food. It is submitted that in

case of Inderjeet vs. State of UP. AIR 1979 SC 1867, the validity

of section 7 and 16 has been upheld by the Hon’ble Supreme

Court. It has been held that these sections do not violate Article

19(1)(g) of the Constitution of India.

46. Because under section 17 there are the punishment prescribed

for an offence committed by a Company, which means any body

corporate and includes a firm or other association of individuals.

The forfeiture of the property of any person convicted under the

act for the contravention of any provision may be done under

section 18 of the Act. Thus the law has taken all such sort of the

measurements including the requirement of carrying a label on

every package of the food wherein the description of the food

contained in the package and the name of the ingredient must be

prescribed according to Rule 32 of the aforesaid Act.

47. Because although in case of artificial flavoring substances the

name of the chemical of the flavour may not be required to be

declared, but there is no provision that under the garb of the

preservative, one may avail protection for using the harmful

chemicals, which may affect the digestive system of the human

body. Thus the requirement of carrying a label by disclosing the

name of chemical harmful for the human consumption has not

been maintained by the respondents manufacturers of the cold

drinks.

48. Because although a sanction is required of the public analyst

containing a report of the local health authority or by the Director

Central Food Laboratory, but any certificate issued by the Director

of Central Food Laboratory may not be sufficient if the ingredient

of the adulterated food articles have got the hazardous substance,

which is detrimental for the life of the individuals. The requirement

of obtaining such permission may not be having overriding effect

41

upon the infringement of fundamental rights guaranteed to the

citizens under Article 21 of the Constitution of India.

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 Research centre i.e. M/S. D.S. Research Centre

providing the nutrient energy therapy through the extract of

vegetables and other natural environmental produces as

displayed in the list of the food articles (Annexure 4) as

none of the indigenous nutrient administered to the persons

suffering from diseases of cancer etc. is 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 to which a drug may not purport to

prevent or cure or make claims to prevent or cure

(Annexure-6) as unconstitutional and ultra vires to the right

of the patients suffering from such diseases or in the

alternative the 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

iii. issue a writ order or direction in the nature of Mandamus

commanding and directing the respondents restraining them

from permitting the sale, licence for sale and for displaying

the advertisements of the Coco Cola and Pepsi groups of

Cold drinks and direct the authorities concerned make the

public awareness and also to find out the ill effects of these

cold drinks to the public at large causing disease like Ulcer

and other Gastro-Intestine ailments etc. due to its contents

of having the Phosphoric Acid and other Psychotropic

42

substances used therein as published on the basis of

research conducted or to pass any other order, which this

Hon’ble court may deem fit in public interest.

iv. 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.

43

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.

44

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.

45


AFFIDAVIT

IN


( DISTRICT ; VARANASI )

Association for Protection of Patients Right,(an under registered

society) through its Presidents Dr. Sureshwar Tripathi and Others

----------Petitioners

Versus

U. O. I. through Ministry of Medical Science And Health Secretariat,

Govt. of India, New Delhi and others.

-----------Respondents

Affidavit of Dr. Sureshwar Tripathi,

aged about 46 years, son of Sri

Gulab Tripathi, R/o B-1/18 D,Assi,

Varanasi.

( DEPONENT)

I, the above named Deponent, do hereby solemnly affirm and state

as follows:

1. That the deponent is the petitioner no. 2 and doing Pairvi on

behalf of the petitioners 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

paragraphsno.1,2,3,4,5,6,8,9,11,12,14,15,17,20,21,22,25,29,34

,36,48,49,51,52,53,54,59,63,72,75,76,77,78,79,80,82,84 of the

affidavit are true to the personal knowledge of the deponent,

thoseofparagraphno.30,31,32,33,35,37,38,40,41,42,43,44,45,4

6,47,55,56,57,58,71,83,86,of the affidavit are based on perusal

ofrecordsandthoseofparagraphno.7,10,13,16,18,19,23,24,26,27

,28,39,50,60,61,62,64,65,66,67,68,69,70,73,74,81,85,87,88,89,

46

90,91 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

47


CIVIL MISC. AD- INTERIM APPLICATION NO. OF 2002

(Under section 151 of the C.P.C.)

ON BEHALF OF

M/S D. S. Research Center, 147A Ravindrapuri Colony, Varanasi

through its Director Professor S. S. Trivedi. S/O (Late)Sri Mukh Ram

Tiwari, Director M/S D. S. Research Center,Varanasi

---------------------- Performa /

Respondent

IN




1. Association for Protection of Patients Right(an unregistered

society) through its Presidents Dr. Sureshwar Tripathi. R/O B-

1/84D, Assi, Varanasi

2. Dr, Sureshwar Tripathi S/O Sri Gulab Tripathi,

R/O B-1/84D, Assi, Varanasi, President Association for Protection

of Patients Right.

3. Pt. Shiv Ram Singh, s/o Sri Jang Bahadur Singh

R/o village and Post- Pandari, District- Mirzapur, General

Secretary,Association for Protection of Patients Right.

4. Suresh Chandra Chaube, Advocate, Civil Court, Varanasi S/o shri

Dal Singar chaube R/o B 247 B, Bhadaini, Varanasi.

………………………………. Petitioners.

Versus

1 Union of India through Ministry of Medical Science and Health,

Secretariat, Govt. of India, New Delhi.

2 Drug Controller (India) Director General, Nirwan Bhawan, New

Delhi.

48

3 State of U. P. through Chief Secretary, Govt. of U.P., Secretariat,

Lucknow.

4 Senior Superintendent of Police, Varanasi,

5 Drug Controller and Director Medical Health. U. P. , Lucknow

6 Licensing Authority and Ayurvedic and Unani Service, Directorate,

U.P. Lucknow.

7 Medical Counsel of India through its Registered, U.P. Lucknow.

8 Inspector of Drugs, of drug Center, 141, A. J. C. Bose Road,

Kolkata-14

9 Officer Incharge Drug Section Enforcement Branch, Kolkata.

10 Doordarshan through its Director, under the Ministry of

information and Broadcasting , New Delhi

11 Pepsico India Holding Pvt. Ltd. 38 D.L.F. Corporate Park,

‘S’ Block, Kutub Inclave, Phase-III Gurgaon-122002 Haryana,

India through its Managing Director.

12 Hindustan Coca Cola Beverages Pvt. Ltd. Tehsil- Hapur, District-

Ghaziabad, U.P. India ( under the authority of Coca Cola

Company)through its Managing Director

………………………………..Respondents.

13 M/S D. S. Research Center, 147A Ravindrapuri Colony, Varanasi

through its Director Professor S. S. Trivedi. S/O (Late)Sri Mukh

Ram Tiwari, Director M/S D. S. Research Center,

Varanasi------------------------------ Performa / Respondent

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 by means of present writ petition, the petitioner 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 and other serious

ailments.

49


petitioners who are associated with espousing the cause of

welfare of public at large by providing their contribution for up

liftment of cause down trodden citizen who are living in socio-

economic crisis, but since the adequate facilities is not available

to such citizens, as such they are mostly dependent upon the

traditional heritage and culture for which fundamental duties

enshrined in our constitution, and for such reason they are

given them the adequate protection.

3. That the full fact and circumstances are given in the writ petition

supported with the accompanied affidavit, it is expedient in the

interest of justice that this Hon’ble court may graciously be

pleased to restraint the respondents from taking any coercive

action against the persons associated in the research

conducted through the administration of the nutrient energy

therapy for the cure of the disease cancer diabetes, blood

pressure, cardiac vescular ailments and even the paralysis.

There may not be interference by any one of the agency under

the respondents to impose the arbitrary restriction in conducting

the research through nutrient energy therapy for the cure of

cancer. The schedule 'J’ under Rule 106 of the drugs and

cosmetic rule 1945 may be declare as ultra vires,

unconstitutional and void. The provisions of drugs and cosmetic

act and also pertaining magic remedies act ( objectionable

advertisement act, 1984 may be declare to have not be

attracted for taking any coercive action against the M/S D.S.

Research Centre and against the members of the aforesaid

registered society in due discharge of their service for the

upliftment of the cause of the patient suffering from the alleged

incurable disease like cancer, otherwise the petitioner may

suffer irreparable loss and injury.

4. That it is prayed that since on one hand centre like D.S. centre

are closed by the threat of the respondents for the alleged

violation of provisions of drugs and cosmetic Act, 1940 and

Rules there under, while on the other hand the multi-national

50

company sponsoring the advertisement and promotional

incentive to the Coca Cola and Pepsi and the other soft drinks

under the authority and licence of multi national co, are given

their free hand to provide the flight to the illiterate down trodden

people in the society for having such ailment and incurable

disease like ulcer kidney failure and even in some cases the

disease of the cancer.

5. 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.

6. this Hon’ble court on account of being the custodian of the

public interest at large, may graciously pleased to prohibit the

Union of India and its instrumentilities to prohibit the display of

the advertisement relating to the boosting of the sale of Coco-

cola, Pepsi and other soft-drinks manufactures and sale under

the authority of the Respondents no. 4 and 5 has these cold-

drinks are having the effect of slow poisoning to the life of the

people and their effect is so injurious upon the health of the

citizen that it may ultimately causes numbness and

restlessness. There should be a note of caution on every

bottle displaying the fact that the use is immensely harmful for

the human consumption otherwise there will be drastic effect

upon the life and livelihood of the innocent citizen who are not

aware of regarding of the ill-effect of these cold-drinks.

7. That the enquiry should have been conducted by the official

dealing with the prevention of food adulteration as to give effect

51

to an awareness drive causing an immense relief against the

slow poisoning to such person who consumes it without

knowing the side effect of these cold-drinks upon the Intestine,

Esophagus, Neurotic system and to the Kidney which are

valuable organ for the survival of the human being otherwise

the public at large may suffer which can not be compensated in

the term of money.

Prayer

It is therefore most respectfully prayed that this Hon’ble Court may

graciously be pleased to issue an ad- interim mandamus

i. Restraining the respondents from interfering in any manner with

the Research centre i.e. M/S. D.S. Research Centre providing

the nutrient energy therapy through the extract of vegetables

and other natural environmental produces as displayed in the

list of the food articles (Annexure 4) as none of the indigenous

nutrient administered to the persons suffering from diseases of

cancer etc. is neither given as any drugs or medicine nor there

are any chemical used therein.

ii Commanding and directing the Schedule ’J’ under rule 106 of

Drugs and cosmetic rule 1945 contemplating certain disease as

incurable to which a drug may not purport to prevent or cure or

make claims to prevent or cure (Annexure-6) as

unconstitutional and ultra vires to the right of the patients

suffering from such diseases or in the alternative the 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

iii. Commanding and directing the respondents restraining them

from permitting the sale, licence for sale and for displaying the

advertisements of the Coco Cola and Pepsi groups of Cold

drinks and direct the authorities concerned make the public

awareness and also to find out the ill effects of these cold

52

drinks to the public at large causing disease like Ulcer and

other Gastro-Intestine ailments etc. due to its contents of

having the Phosphoric Acid and other Psychotropic substances

used therein as published on the basis of research conducted

or to pass any other order, which this Hon’ble court may deem

fit in public interest.

Dt/- AUGUST, 2002 (YOGESH KUMAR SAXENA)

ADVOCATE.


CHAMBER NO. 139


53

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, INDEX

IN CIVIL MISC. WRIT PETITION NO. OF 2002 (Under Article 226/227 of the Constitution of India) (DISTRICT; VARANASI)

Association for Protection of Patients Right(an unregistered society) through its Presidents Dr. Sureshwar Tripathi. R/O B-1/84D, Assi, Varanasi and others-------------------------Petitioners

VERSUSUnion of India and others --------------------------------------Respondents

1. List of dates and events2. Misc. Application3. Writ Petition4. Annexure –1 Registration certificate dt 23/6/1997 5. Annexure-2 Bye laws6. Annexure-3 Article dt 9/7/2001 Published in Hindustan Times7. Annexure-4 Article on Servapisti8. Annexure-5 Articles published in different newspapers (collectively)9. Annexure-6 List dt 11/1/199610. Annexure-7 Prescribed proforma to Authorities concerned11. Annexure-8 Registration Certificate12. Annexure-9 Report dt 15/5/2002 published in Economic Times13. Annexure-10 Letter of Minister Medical and Health14. Annexure-11 Letter to Director to Center Ayurved15. Annexure-12 Invitation conveyed by International Symposium Of Symposium Yoga16. Annexure-13 Booklet issued by International Symposium17. Annexure-14 Article published in Kalyan Magazine on the Basis of “THE EARTH LAND JOURNAL” on Effect of Coco-Cola and Pepsi on Human Body18. Annexure-15 Article published in Hindustan Times19. Annexure-16 Paper cutting dt 18/8/200120. Annexure-17 Article published in Indian Nation dt 18/3/1985 21. Annexure-18 Representation to Prime Minister Late Rajeev Gandhi22. Annexure-19 Article published in Prabhat Khabar dt 3/8/200223. Affidavit 24. Vakalatnama

54

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, List Of Dates and Events

IN CIVIL MISC. WRIT PETITION NO. OF 2002 (Under Article 226/227 of the Constitution of India) (DISTRICT; VARANASI)

Association for Protection of Patients Right(an unregistered society) through its Presidents Dr. Sureshwar Tripathi. R/O B-1/84D, Assi, Varanasi and others -------------------------Petitioners

VERSUSUnion of India and others --------------------------------------Respondents

1. 6.3.1965 Registration certificate under the provision of

Indian Medical Council Lucknow was issued

To Sri Indra Deo Tripathi under Ayurvedic

Medicine.

2. 25/29.8.1978 Minister of Medical and Health wrote a letter

for talking to the Director for the Ayurvedic

Research of the Centre.

3. 1.9.1987 letter written by the Professor of Institute of

Medical science to Director, Central Ayurvedic

and Sidha, New Delhi appreciating the original

work of Dr. Shiv Shankar Trivedi.

4. 11.1.1996 Provisions substituted by Schedule ’J’ (Rule-

106) of the Drugs and Cosmetic Rules. 1947

prohibiting to claim for cure of certain disease

through Drugs

5. 23.6.1997 Certificate under Societies registration act was

issued to M/S. D.S. Research Centre and the

Bye laws were approved under the Act.

6. 9.7.2001 Article published in newspaper Hindustan Times

appreciating the efforts of Prof. S.S.Trivedi to

cure cancer through Nutrient Energy Therapy.

7. 4.8.2001 Article published in Indian News that the

number of the patients cured of cancer would

55

have been in Lac if the proper incentive were

given to indigenous research for nutrient energy

therapy like Sarvpisti which has cured the cancer

of number of the patients.

8. 18.8.2001 Multi national company product like Papsi and

Coca-Cola were condemned and about 600

students destroyed the Bottles of Pepsi and

Coca-Cola on account of injurious health hazard

of such drink as published in the newspapers

from time to time.

9. 27.9.2001 International symposium of Ayurveda, Yoga and

naturopathy invitation to Prof. S.S. Trivedi to

deliver guest lecture on the effect of a

compound Ayurvedic preparation in cancer.

10. 22.10.2001 The Economic times appreciated the effort of

Research centre based on the preparation of

1621 indigenous natural vegetation products and

16 type of mineral waters for an answer to the

alleged incurable disease of cancer by M/S.

D.S. Research Centre of Prof. Trivedi.

11. 28.4.2002 Shillong times reported that Sarvpisti nutrient

energy therapy is a new dimension in cancer

treatment.

12. 30.7.2002 Times of India Lucknow published an article

that the M.S. D.S. Research Centre has been

closed in protest against the raid conducted by

the Drugs Control Department at Kolkata

threatening the close of the unit conducting cure

of patients through nutrient energy therapy.

13. 8.8.2002 The present petition is filed on behalf of Association

of about 4000 patients suffering from cancer who

were being administered with nutrient energy

therapy Sarvpisti and is now suffering due to the arbitrary

discriminatory unconstitutional threat given through the agents of the

56

respondents on the behest of the multi national companies having the

monopoly through the medicine and drugs prepared by the toxic

substance having the side effect. The present petition seeks the

indulgence of judicial accountability by taking into consideration that

such multi national products under the authority of Coca-Cola and

Pepsi causing ulcer and other gastro intestine ailments including

cancer are promoted through advertisement to the illiterate/ semi

illiterate citizens, while the indigenous nutrient energy therapy given

to the patient for the cure of cancer has been subjected to

unreasonable threatening and harassment through the officials under

drugs and cosmetic Act, which is totally malafide and is a sinister

design having the impact of an attack over our rich cultural heritage

and the Indian traditions maintained from ancient time for the

complete cure of the cancer and other ailments through naturopathy.

……………………………………………………………………………

Dt/- 8 AUGUST, 2002 (YOGESH KUMAR SAXENA)

ADVOCATE.


CHAMBER NO. 139


57


Annexure No.

IN




Association for Protection of Patients Right(an unregistered society)

through its Presidents Dr. Sureshwar Tripathi. R/O B-1/84D, Assi,

Varanasi and others-------------------------Petitioners

VERSUS

Union of India and others --------------------------------------Respondents

58

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