Professional Documents
Culture Documents
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
15
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
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
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
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.
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.
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.
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
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.
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
PRAYER
It is, therefore, MOST RESPECTFULLY prayed that this Hon’ble court
may graciously be pleased to;
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,
25 industries delicensed
( 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.
Oath Commissioner
49
IN
CIVIL MISC. WRIT PETITION NO. OF 2002
(Under Article 226/227 of the Constitution of India)
(DISTRICT; VARANASI)
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
Prayer
substance having the side effect. The present petition seeks the
design having the impact of an attack over our rich cultural heritage
and the Indian traditions maintained from ancient time for the
……………………………………………………………………………
ADVOCATE.
Annexure No.
IN
(DISTRICT; VARANASI)
VERSUS