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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.
5. That by this public interest litigation/ social action litigation the
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.
15.That the birth of socialistic pattern of society and mixed economy
confounded speculation about India’s starvation our potential of
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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.
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
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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 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
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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
dissent. The maxim of ill justice is remedies have now enlarged to
embrace all interests of public minded citizens.
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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
endangers products for the eradication of the prevailing ailments
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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
circumventing the very object of the research under the garb of
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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.
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
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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.
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
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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
of article published in the different newspaper are being filed here
with and marked as Annexure no. 5 collectively.
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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,
Rajubin. The Professor of Ostrics and Gynecology Institute of
Medical Science, B. H. U. wrote a letter to the Director Central
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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 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
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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
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
17

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
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
18

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
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
19

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
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
20

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;
(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
21

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.

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,
22

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.
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,
23

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
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
24

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 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
endangers products for the eradication of the prevailing ailments
25

where is ordinary medical service has yet to invent proper


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
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.
26

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 .
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
27

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.
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
28

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
( 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
29

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
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.
30

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
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
31

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
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.
32

10.Because 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
endangers products for the eradication of the prevailing ailments
where is ordinary medical service has yet to invent proper
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 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
33

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.
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.
34

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.
To promote the wherein, organize seminar to conduct the
deliverance and co-ordination medicine with the scientist to find
out the Nutrient Energy Science.
35

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
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.
36

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
dissent. The maxim of ill justice is remedies have now enlarged to
embrace all interests of public minded citizens.
37

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
set up having coordination with the divisive forces for economic,
social and national operation of the people al large.
38

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
of these soft drinks to the extent of few litters may result in death
of an individual.
39

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.

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
40

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 procuring the
money by supplying the adulterated food and for ensuring the
purity of the articles of food.
41

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
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
42

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
upon the infringement of fundamental rights guaranteed to the
citizens under Article 21 of the Constitution of India.
43

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
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.
44

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.
45

25 industries delicensed

The government has de-licensed 25 industries in fulfillment of certain


specified conditions. No industrial licence would be required for
these industries under the Industries (Development and Regulation)
Act, an official press released said yesterday.
With these industries total number of de-licensed industries goes upto
49.
The industries de-licensed are:-
1. Special alloy and malleable iron castings, sponge iron and
pelletisation.
2. Steel structurals
3. Electrical equipment, namely (a) equipment for exploitation of
alternative sources of energy like solar, wind power, bio-mass
including biogas, geothermal energy, tidal power and sea power,
(b) steam turbines of and below 20 MW and mini and micro
hydel systems equipment, (c) power and distribution,
transformers, power capacitors, switch gears, electrical motors
and gls lamps and diesel generating sets.
4. Electronic components
5. Automatic ancillaries and
6. Cycles.
7. Industrial machinery including rubber machinery, printing
machinery, footwear machinery, meat and poultry machinery
8. Machine tools
9. Agricultural implements
10.Miscellaneous mechanical and engineering industries (A)
plastic moulded goods, (B) hand tolls, small tools and cutting
tools, (C) pressure cooker, cutlery and steel furniture (D)
lanterns of all types, (E) fuel efficient stoves (F) water pumps
beyond 10 cms
11.Industrial sewing machines.
12.Office equipment as listed below: Multiplication and
reproduction equipments, world processors, cash registers
invoicing machines, ditaphone, micro filming micro ficherreaders
46

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.
47

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,


AFFIDAVIT
IN
CIVIL MISC. WRIT PETITION NO. OF 2002
( 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,
90,91 of the writ petition are based on legal advice, which also
deponent believes to be true that nothing material has been
48

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
49

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,


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
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,
50

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.
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
51

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
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
52

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
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,
53

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 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
54

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.
COUNSEL FOR THE PETITIONERS
CHAMBER NO. 139
HIGH COURT. ALLAHABAD.
55

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

1. List of dates and events


2. Misc. Application
3. Writ Petition
4. Annexure –1 Registration certificate dt 23/6/1997
5. Annexure-2 Bye laws
6. Annexure-3 Article dt 9/7/2001 Published in Hindustan
Times
7. Annexure-4 Article on Servapisti
8. Annexure-5 Articles published in different newspapers
(collectively)
9. Annexure-6 List dt 11/1/1996
10. Annexure-7 Prescribed proforma to Authorities concerned
11. Annexure-8 Registration Certificate
12. Annexure-9 Report dt 15/5/2002 published in Economic
Times
13. Annexure-10 Letter of Minister Medical and Health
14. Annexure-11 Letter to Director to Center Ayurved
15. Annexure-12 Invitation conveyed by International Symposium
Of Symposium Yoga
16. Annexure-13 Booklet issued by International Symposium
17. Annexure-14 Article published in Kalyan Magazine on the
Basis of “THE EARTH LAND JOURNAL” on
Effect of Coco-Cola and Pepsi on Human
Body
18. Annexure-15 Article published in Hindustan Times
19. Annexure-16 Paper cutting dt 18/8/2001
20. Annexure-17 Article published in Indian Nation dt 18/3/1985
21. Annexure-18 Representation to Prime Minister Late Rajeev
Gandhi
22. Annexure-19 Article published in Prabhat Khabar dt 3/8/2002
23. Affidavit
24. Vakalatnama

Dt/- AUGUST, 2002 (YOGESH KUMAR SAXENA)


ADVOCATE.
COUNSEL FOR THE PETITIONERS
CHAMBER NO. 139
56

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
VERSUS
Union 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
have been in Lac if the proper incentive were
given to indigenous research for nutrient energy
therapy like Sarvpisti which has cured the cancer
57

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

respondents on the behest of the multi national companies having the

monopoly through the medicine and drugs prepared by the toxic


58

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.

COUNSEL FOR THE PETITIONERS

CHAMBER NO. 139

HIGH COURT. ALLAHABAD.


59

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,

Annexure No.

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

VERSUS

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