[Ip-health] Novartis Update: Hearings in Novartis’ petition to now commence in July 2012

Prathibha Sivasubramanian prathibha.siva at gmail.com
Tue Mar 27 04:45:52 PDT 2012


*Novartis Update: Hearings in Novartis’ petition to now commence in July
2012*



27 March 2012, New Delhi.



As you may be aware that the Novartis petition and related matters were
scheduled to be listed on 28.3.2012. The Novartis case was adjourned to
end-March because the Division Bench comprising Justice Aftab Alam and
Justice Chandramauli KR Prasad were hearing final arguments in another
matter, which commenced in end-January 2012.



However, it came to the knowledge  of the counsel  for  Cancer Patients Aid
Association that the Novartis matter might not commence on 28.3.2012, as
the final arguments in the earlier said case were likely to continue for
another two weeks.



Hence, the Novartis’ petition and related matters were mentioned today
before the Bench seeking an adjournment to another date for final
arguments. Considering the convenience of the arguing counsels, the matters
have been adjourned to 10 July 2012.



Background information about the case and earlier updates can be accessed
at:

http://www.lawyerscollective.org/access-to-medicine/current-cases.html.





*PS*:  For those of you may be wondering about the adjournment of the final
hearing in the Novartis case to July 2012 and the reason for the lengthy
final hearing of the matter being currently heard by the Bench comprising J
Aftab Alam and J Chandramauli KR Prasad, it must be borne in mind that
matters that are scheduled for final hearings are heard by the Supreme
Court from Tuesdays to Thursdays; Mondays and Fridays being reserved for
miscellaneous matters.

This Bench is presently hearing the appeal filed by Ajmal Kasab challenging
the death penalty meted out  to him in connection with his involvement in
the 26/11 attack in Mumbai in 2008.  The final hearing in this matter
commenced in the Supreme Court on 31 January 2012.



Understandably, this is a heavily documented matter; the judgment of trial
court runs into over 1500 pages and the judgment of the Bombay High Court,
which confirms the death sentence awarded by the trial court, runs into
over 1200 pages.



As some of you may have noticed, the Novartis matter had initially been
posted in September 2011 before a Bench comprising J Aftab Alam and J
Ranjana Desai.  However, for this matter, the assignment was changed
because J Ranjana Desai, as a judge of the Bombay High Court, had delivered
the judgment of the Bombay High Court in Kasab’s case confirming the death
sentence awarded to him.



In solidarity,

Lawyers Collective HIV/AIDS Unit



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