Supreme Court Dismisses J&K's Plea Against Order To Pay Compensation For Death Of 10 Infants Due To Spurious Cough Syrup

The NHRC orders were upheld by the Jammu and Kashmir High Court on March 2, 2021.

A Bench of Justices MR Shah and MM Sundresh pointed out that the respective officers of the of the Drug and Food Control Department were negligent and therefore, the State would be liable to compensate the families of the victims.

"Having gone through the impugned judgment and order passed by the High Court and considering the fact that it was specifically found that the Officers of the Drug and Food Control Department were negligent and therefore ultimately the State will be liable to pay the compensation for the death of 10 children who died because of spurious cough syrup, we see no reason to interfere with the impugned judgment and order of the High Court. The Special Leave Petition stands dismissed."

During the hearing, the Bench had showed its reluctance to entertain the matter while pulling up the officials in charge.

"Your officers are found to be negligent….Don't compel us to say things about the department. The health of citizens is in their hands but they don't perform duties at all. They can't play with the lives of citizens. It is their duty to check and verify all these things"

Challenging the March 2 order, the petition filed by the filed by the Union Territory of Jammu and Kashmir submitted that the NHRC had arbitrarily held them to be vicariously liable for the lapses on the part of the Drugs and Food Control Department in keeping a regular vigil on the contents of drugs for sale.

When the High Court was approached with a challenge against the NHRC orders, it failed to note the material on record and thereby dismissed the petition by way of two orders, the plea says.

Before the Commission, the petitioners, via a report, had detailed the rigorous steps taken by them to point out that there is no scope of any complacency on the part of the State Drugs Control Department in discharging their statutory duties under the Drugs and Cosmetics Act, 1940.

However, the SLP says that the NHRC did not consider the petitioners' report before directing to pay Rs 3 Lakhs to the families of the victims.

The NHRC was also apprised of the fact that a statutory complaint was filed against the manufacturer and supplier of the deficient drug in terms of sections 18 and 27 of the Drugs and Cosmetics Act, 1940 before the competent court, which took cognizance of the matter. That case is pending adjudication.

"It is pertinent to note that section 27 of the Drugs and Cosmetics Act, 1940 clearly makes the manufacturer responsible for sale of sub standard and spurious drug as a penal offence besides creating a liability for compensation against the manufacturer where an injury or death has been caused on account of use/consumption of the said drug."

Case Title: UT of J&K And Ors. v. NHRC And Ors. SLP(C) No. 8345/2021

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