N 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
----------------------
APPLICANT/ 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,
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 the Applicant / Performa Respondent has
been impleaded to the Respondent No 13 in the present writ petition, which is
conversant with the facts deposed to below.
2.
That success in genetic scientist in breaking of
stone wall in Genetic Mystery by discovery that indigenous Nutrient Energy
Therapy in word of Medical Science and expressed strong optimism. The diseases now alleged to have been that
incurable under Rule 106 in Schedule ‘J’ and Drugs and Cosmetics Acts, 1945
like Cancer are proven to be incurable and Preventive Measurements on the principle
of Nutrient Energy and conscious
chemistry, which is contrary to
Principle of Drug Therapies.
3.
That the indigenous research of Nutrient Energy
Therapy popularly known as “Servapisti” has been tried on the terminally
advance cases of patients suffering from the incurable diseases like acute
Leukemia, Cancer- Liver, Cancer- Gall bladder, Astrocytama, Cancer-Brain,
Cancer- Bone and Sarcoma, which were considered to be most dreaded because of
their disastrous nature. The result of
achieving success in curing of 1000 of such patients by giving them a Cancer
free life have taken the staunchest
seceptics by surprise, which is
evident by perusal of Book written in a
simple and lucid style having exemplar 100 and even much cases suffering
from such dreaded diseases in scientific and evidential corroboration named
as “Cancer is Curable Now”.
4.
That the message of D. S. Research Center sent
across the world is “Cancer is being defeated”.
This is on account of glaring evidence with irrefutable proves in
documents. The ability of treatment at
D. S. Research Center certainly improved due to contribution of generous human being who have experience
the cure from the dreaded diseases and
thus the D. S. Research Center has come out victorious against the
psychological impact generated by referring such diseases as incurable and
thereby provided the encouragement to all cancer patients and rekindle a new hope in them.
5.
That
at the very out set it is submitted that firstly we have to rely the
possibility of applying Nutrient Energy Therapy for complete cure of dreaded
diseases. In this regard the result reached a continuity and fell into a system
from the zeal and enthusiasm of scientists involved in the indigenous research,
have successfully cured Cancer patients through slow process of Nutrient Energy
Therapy by stopping the growth of cell and replacement of the cell effected
from Cancer by Nutrient Energy Therapy. Today the truth is that about thousands
of human being have been completely cured from the rid of Cancer .
6.
That
It is submitted that the cure of the diseases is by such preventive process
which will never allow Cancer is dare to stake upon the human organs infected
by the abnormal growth of cell of Cancer. Every ancient ingredients of
indigenous research based on our ancient traditional cultural heritage for cure
of diseases by our great sent through Nutrient Energy Therapy prepared from
extract of eatable vegetables and other herbal produce has let to complete
eradication of shivering destructive diseases. It is submitted that in the due
process ultimately the research centre based on indigenous nutrient energy
therapy will become the culture for the treatment.
7.
That
the “ SCIENCE OF POISON” could never become the science of ambrosia. This
movement, though rich with the trial of unimaginable and historic success has
gained the reputation and number of well wisher of patients suffering from
dreaded diseases use ot come to collect the indigenous eatable extract from the
vegetable known as SARVPISTI according to condition of ailments. Neither the patients
is required for examination at the centre, nor for getting any diagnosis in
respect of ailment. The research work is comprising on the basis of report
collected from the other centre dealing with scanning, X- Ray and other
pathological report issued by Doctors to become conversant regarding the
seriousness of the ailments. Thus the indigenous nutrient energy therapy
administered to the person suffering from the ailment is neither administered
as drug, nor there is any manufacturing of the drug from the centre.
8.
That
for the convenient perusal of this Hon’ble Court, the relevant extract of
definition of Drug as contemplated in section
3 (b) (ii) of The Drugs and Cosmetics Act, 1940 is reproduced as under
:-
“ 3 (b) (ii) such substance (other than food) intended to
effect
the structure or any function of the human body or
intended
to be used for the destruction of (vermin) or insects
which
cause disease in human beings or animals, as may be
specified
from time to time by the Central Government by
notification
in the Official Gazette.”
9.
That
since the drug is the substance other that food, and as such the indigenous
nutrient energy therapy administered for the cure of the diseases by preventive
measurement from the eatable food substance extracted from 1621 eatable
vegetables nutrients and 16 type of mineral water, are neither drug, not the
provisions of Drugs and cosmetics Act, 1940 are applicable on the aforesaid
centre.
10.
That
fear is an inherent characteristic of human being. This is for the obvious
reason as every minite 10 people die of cancer. 10 in every minite means of 50
Lac in a year from such dreaded disease. The World
Health Organization is anxious by having an apprehension that toll of cancer is
double itself by 2015 A.D.. This be a threatening to vary existing whole human
race. Thus the man may not be completely helpless and be left at mercy of
killer disease.
11.
That
there is no illusion about the ability of M/S D.S. Research Centre to fight
cancer. The result of the complete cure has witnessed by the latest book
published in 2000 known as cancer is curable now having the details of about
111 evidence of success. Thus any coercive action against the research centre
by the officials of the drug controller by providing hindrance in research work
and thereby depriving patients from their legitimate right to collect the
nutrient energy therapy from the extract of eatable substance will be
detrimental to the interest of the patients suffering from cancer as well as
the same is unconstitutional and void.
12.
That
the objective behind conducting the indigenous research by Sri. S.S. Trivedi is
that the brother of Sri Trivedi and Dr. Uma Shankar Tiwari namely Sri D.S.
Trivedi who was serving in Active Army died a premature death from some unknown
disease to which medical science could not even diagnose the nature of ailment.
This incident has derivated Prof. S.S.Trivedi for the cure of incurable disease
and thereafter he devoted the entire life from the year 1965 for conducting
research through indigenous nutrient comprising of eatable substance and after
great labour and pasence upto the year 1983, now by getting the extract of 1621
eatable substance and 16 type of water. The fruit of success come for cure of
such diseases.
13.
That
a certificate of registration was issued in favour of Indra Deo Tripathi by
Registrar, Indian Medical Council, Lucknow. The true copy of the certificate
dated 6.8.1965 is being filed herewith and marked as Annexure no. C.A. 1 to this writ petition.
14.
That
there after the indigenous nutrient energy therapy for the cure of cancer and
other so called as non curable ailments was developed at the M/S D. S. Research center after
dedication of the service in the research
work through edible nutrients
develop from the extract of 1621 substances
of food produces and any sort of Ayurvedic research has been left aside for
administering to the patients after creation of the society in this regards.
15.
That
M/S D.S. research Centre is a society registered under Societies Registration
Act on 23.6.1997 having its Head Office at 147-A, Ravindrapuri, New Colony,
Lane no.8, Varanasi. The true copy of
the registration certificate issued on 23.6.1997 is being filed herewith and
marked as Annexure no. C.A.2 to this writ petition.
16.
That
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.
17.
That
the objective of society registered under the societies registration act are as
follows:-
To
conduct the research from the different angle relating to health and cure of disease from the vegetable substance
as per the food articles suitable according to geographical condition which may
provide nutrient energy therapy to the human being suffering from disease;
To
develop the research centre for analyzing result of nutrient energy for the
cure of the disease by serving the people;
To
conduct the Research and develop and expansion of the research indigenous method ;
To
provide nutrient energy for extract of eatable substance for serving the people
by realizing the investment cost from treatment;
To
provide training, publish literature, seminar, symposium, deliberation and
association of the scientists in field of nutrient energy therapy;
To
find out the possible cure of the disease like cancer, Aids, leprosy through
complete cure and prevention of such diseases by providing the nutrient
therapy;
To prevent the
human being from polluted atmosphere and for that purposes which may be helpful
for security of life to develop the method and procedure for its development;
Govt. and World Health Organization.
The true copy of memorandum of
association alongwith bye laws of M/s D.S. Research Centre and the list of
members associated therein are being filed herewith and marked as the Annexure no. C.A.3 and 4 to this writ petition.
18.
That
initially the petitioner applied for the licence under the Ayurvedic Siddha or
Unani before the Regional Ayurvedic and Unani Office, Varanasi in accordance
with the provisions of Ayurvedic Siddha or Unani drug with the name of Baba
Vishwanath Ayurvedic Sansthan in the year 1986.
The application was duly received on 16.2.1985 in the office of Regional
Ayurvedic and Unani Adhikari Varanasi.
Thereafter the licence bearing no. A1285/1986 was granted by the licensing
authority. The true copy of the application submitted on form 24/D and the
licence issued thereunder in the name of then M/S Baba Vishwanath Ayurved
Sansthan are being filed herewith and marked as the Annexure no. C.A.5 and 6 to this writ petition.
19.
That
subsequently by the Petitioner’s M/S D.S. Research center there are 1621
eatable substance used for the purposes of preparation of nutrient energy
therapy known as SARVPISTI and also 16 type of mineral water is collected from
the extract of germinated 205 cereals like wheat, Gram, Urad, Mung, Masoor,
Makka etc. The leave categorty (76)
comprising of Tulsi, Pan Maghai, Pan Meetha, Arhar, Sarson etc.Chhal category
(55) comprising of Semal, Jamun, Langada Mango, Himsagar , Gulab etc., Medicine
Vanaspthi category (51) comprising of Motha, Kastoori, Khas etc., Flower
category (110) comprising of Kakari, Kheera etc., Vegetable category (190)
comprising of Bhindi, Parval, Lauki, Phool Gobhi,etc., Fruit category (189)
comprising of Imali, Amala, Bel, Sakarkand, etc., Sag category (57) comprising of Kamal, sarson, Mooli,
Matar etc., Anna category (67) comprising of Moth, Bajra, etc., Beej category
(55) comprising of Sada Lauki, Kakari Nariyal etc., Mool category (35) comprising
of Shalparni, Gokhuru, Shatawari etc., Gond category (17) comprising of Babool,
Jamun, Neem, Mahuwa, Vargad etc., Tadi category (4) Tad, Khajoor, etc., Oil
Category(22) comprising of Kala til, Mungphali,Soyabin etc., Tusa Dal category
(43) Pakar, Guava, Amla, Chana, Matar, Tulsi etc., Mewa category (14)
comprising of Kaju, Kishmish, Badam, /Akharot, Pista etc., Rus category (46)
comprising of Kala Ganna, Jwar, Makka, Bajari Kakari, etc., Kand category (10) comprising of
Sakarkand, Chini, marchini, etc., Phal- Chhilka category (30) comprising of
Anar ke Phal of Chhilka, Aam of Chhilka, Gulab Khas, Aphim chilka,etc., Masala
Category (46) Jeera, Dhaniya, Kali Mirch, Methi etc., Banaspati Dugdh Varg (38)
comprising of Vat, Mahuwa, Goolar, Pipal etc., Milk varg (50) of Cow, Bakari, etc., Kachche Phal (42) Imli, Jalpai, Angoor
etc., Khamir varg (85) Moth, wheat, chana etc., Phaphund varg (22) Kukurmutta,
Aam ka Phaphund etc., Honey varg (9) Basak phool of shahad, Kamal of
shahad,etc., Vanaspati Dugdha (9) Bargad, Mathuwa etc., Kachche Dane (47) chana,
Kabuli Chana, Matar etc., Water (16 type) of Gangotri, Narmada etc., The true
copy of list of 1621 eatable substance and 16 type of water for preparation of
Ambrosia is being filed herewith and marked as Annexure no. C.A. 7 to this writ petition.
20.
That under Rule 106 of Drugs and Cosmetics
Rules, 1945, it has been provided that disease which a drug may not purport to
prevent or cure. As submitted earlier the ambrosia Sarvpisti preparation for
providing the indigenous nutrient energy therapy for prevention and complete
cure of disease through remedial measurement is not the drug, nor the medicine
to which the provisions of drugs and cosmetics act, 1940 or the Rule made
therein in 1945 could have been attracted. For the convenient perusal of this
Hon’ble court the provisions of Rule 106 of Drugs and Cosmetics Rules, 1945 are
reproduced as under:-
“106.
Diseases which a drug may not purport to prevent
or
cure—(1) No drug may purport or claim to prevent or cure
or
may convey to the intending user thereof any idea that it
may
prevent or cure, one or more of the diseases or ailments
specified
in Schedule J.
(2)
No drug may purport or claim to procure or assist to
procure,
or may convey to the intending user thereof any idea
that
it may procure or assist to procure miscarriage in
women.”
21.
That
the petitioner is also annexing the
extract of Schedule “J” incorporated
under the provisions of Drugs and Cosmetics Rules, 1945 w.e.f. 11.1.1996. The true copy of the Schedule-“J” is being
filed herewith and marked as Annexure
no. C.A. 8 to this writ petition.
22.
That
the achievement of the centre has been taken into consideration not only by the
scientists conducting the research for cure and prevention of cancer at
National Level, but also by the Minister Medical & Health Jaipur. A letter
was written on 25.8.1978 by indicating the fact the new medicine known as
Ambrosia, Rajubin, which was subsequently converted to ambrosia Sarvpisti has
taken the attention of Tara Prakash Joshi working as Additional Director in
Ayurved. The true copy of the letter dated 25.8.1978 is being filed herewith
and marked as Annexure no. C.A. 9 to
this writ petition.
23.
That
the Director of Central cancer Ayurvedic research and Siddha, New Delhi was
informed by Dr. Shail Dubey Professor in Gynecology at Institute of Medical
Science, B.H.U. for the commandable work through nutrient energy therapy. The
true copy of the letter written by Dr.Shail Dubey dated 1.9.1987 is being filed
herewith and marked as Annexure no.
C.A.10 to this writ petition.
24.
That
the petitioner’s research centre has not only cured about 4000 patients
suffering from cancer and other incurable diseases as alleged under Schedule
“J” of rule 106 of Drugs and cosmetics
Rules, 1945 , purported to be non-curable by drugs, but Mr. Ashutosh Kumar aged
about 35 years s/o Hon’ble Justice Nagendra Rai of Patna High Court, R/o 2,
Anne Marge, Patna got the nutrient
energy therapy provided for the cure of disease of cancer. It is submitted that
on the basis of report and the scan to a bone marrow transplant specialist, who
discussed the issue with Dr. Roberts Motzer , a renal cell specialist at
Memorial Sloan Kattering cancer centre at
New Yark wherein it was diagnose
that the presence of metastasis in lumber vertebrae 4th rib has also
infracted the lungs. The case was referred to Dr. Adwani of Jaslok Hospital for
giving radio therapy to lunger spin and interferon ( Intron) injection. At this
stage when Mr. Ashutosh Kumar s/o Hon’ble Justice Nagendra Rai of Patna High
Court was having skeletal metastasis at vertebrae and multiple pleural mass
lesions on 4th rib and suggested for bone marrow transplantation in
R.C.C.. At this stage the treatment was
started at petitioner’s centre wherein as per the report submitted on 17.4.2002
there was the remarkable recovery from treatment. The true copy of letter of
Dr. Vinod Prasad M.D. Bone Marrow transplant service based after consultation
with Dr. Roberts Motzer at Memorial Sloan
Kettering cancer centre New Yark and diagnosis as held on 27.9.1991,
application form of Mr. Ashutosh Kumar
dated 10.11.2002 and the recovery by administering Sarvpisti as shown in
the letter dated 17.4.2002 for the ailment of cancer are being filed herewith
and marked as Annexure no. C.A.11,12,13
& 14 to this writ petition.
25.
That
the petitioner is submitted a paper cutting of news item reported on 15.3.1985
in the news paper namely Indian Nation having the de-licensing of about 25 Industries
in fulfillment of certain specified conditions, wherein at item no.15 even the
anti-cancer drugs developed through indigenous research with de-licensed by the
central govt.. Thus there was no occasion to adopt any coercive action against
the petitioner by research centre conducting indigenous research for nutrient
energy therapy. The true copy of report/ article published on 18.3.1985 in
Indian Nation is being filed herewith and marked as Annexure no. C.A. 15 to this writ petition.
26.
That
pursuant to the aforesaid encouragement, the petitioner’s research centre
sought for patronage of Govt. of India in furtherance of research work epeach
making achievement form then Hon’ble Prime minister (Late) Rajeev Gandhi. The
entire achievement which were highlighted in the said letter is to the
aforesaid effect that nutrient energy is the sole prescription of nature for
keeping of help, resisting unfavourable condition and curing ailments. One food
is reserver of this energy. This was message conveyed by Dr.U.S. Tiwari
and Prof. S.S.Trivedi who is now the Director of research centre. The true copy
of the letter written to then Prime Minister (Late) Rajeev Gandhi on 30.9.1988
is being filed herewith and marked as
Annexure no. C.A.16 to this writ petition.
27.
That
despite all these achievement conducted by the petitioner’s research centre in
cure of alleged incurable diseases, the branch of research centre situated at
160, M.G. Road, 1st Floor, Kolkata was put to the arbitrary restriction in
carrying on distributing the nutrient energy therapy (SARVAPISTI) to the person
effected/ infected from alleged incurable disease under the garb of violation
of certain provisions of Drugs and Cosmetics Act. 1940 and Magic remedial Act (
Objectionable advertisement ) Act, 1984.
There has been the mass resentment against the action of Director of
Drugs controller, 147, A.J.C. Bose Road, Kolkata-14. It is submitted that in
the aforesaid action the nutrient energy therapy (sarvapisti) of about
1,50,000/- has alleged to be seized by the Inspector of Drugs and Director of
Drugs control, Kolkata. By the aforesaid
action the entire research work which was conducted from branch office of
Kolkata has been adversely effected in respect of providing relief to the
persons suffering from cancer. A large scale resentment was also conducted by
the public due to non-supply of Sarvapisti to the patients.
28.
That
even the Doctors of the International reputation and Physician namely Sri
Vasudev M. Patel settled at 3015, Sixteen street, Monaroe U.S.A. has reported
the vital recovery from their ailment. Similarly one Doctor namely
T.Jagannathan who completed M.B.B.S. in 1960 from Madras Medical college and
F.R.C.S in 1968 from Canada and working from 1972 to 1998 as urologist has
acknowledges that the administration of Sarvapisti does not have any side
effect as the aforesaid Dr. has started taking the nutrient energy therapy
acknowledged the positive result . Thus the centre of petitioner for its
service to humanity. Similarly one
Prakash Chuganey s/o Mrs. Kavita Chuganey c/o Memorial Gift Shop, 2 Glouster
Avenue, Montego Bey Jamica has reported that the nutrient energy therapy
(medicine) of D.S. research centre has done wonders to cancer patients and
sought for sending it for cure of her mother. The true copy of the letter
written by N,R.I. on E-mail dated 12.6.2002, 27.6.2002 and the letter of T.
Jaggannathan M.D. from U.S.A. are being filed herewith and marked as Annnexure no. C.A.17,18 & 19 to
this writ petition.
29.
That
similarly Dr. P.G. Rath M.D., D.M. (Cardiology) Vellore Senior consultant
Director at Apolo Hospital, Hyderabad sought for providing the nutrient energy
therapy of Sarvapisti to his wife Dr. Savita Panda and send the demand draft of
Rs. 2350/- for aforesaid purposes. The true copy of the letter written on
9.7.2002 to research centre is being filed herewith and marked as Annexure no. C. A.20 to this writ
petition.
30.
That
even the cancer surgeon of Jaslok Hospital and Research Centre namely Dr. Vijay
V.Haribhakli M.S. has recommended the patient namely Sri Shivaji Gupta
suffering from tongue cancer for administering Sarvapisti therapy. The true
copy of the letter written on 8.11.2001 by Cancer Surgeon of Jaslok Hospital to
the petitioner’s research centre is being filed herewith and marked as Annexure no. C. A.21 to this writ
petition.
31.
That
Dr. Sheela P.Naik M.D. D.G.O. of Dr. Desai Hospital at Mumbai wrote a letter
regading the infection to her husband for advance metastatic prostate cancer
from last three years. He was operated for removal of testies three years back
and radiotherapy. There was involvement of lumphordes liver and thus the advise
was sought from petitioner’s research centre for treatment and thereafter he
was given nutrient energy therapy from the centre, the true copy of the letter
dated 11.4.2002 of Sr. Sheela P.Naik of Dr. Desai Hospital is being filed
herewith and marked as Annexure no.
C.A.22 to this writ petition.
32.
That
the lecturer of surgical archeology of Gujrat cancer Research Institute,
Ahemdabad has submitted report of his perfect health and stated for completing
the Kailash- Mansarowar Yatra successfully after administering the Sarvapisti
for which a Bank Draft of Rs.2350/- was sent to the petitioner’s centre. The
true copy of the letter of Dr. Shubha Sharma M.S. Surgery Lecturer in Gujrat
Cancer Research Institute, Ahemdabad dated 19.7.2002 is being filed herewith
and marked as Annexure no. C.A. 23
to this writ petition.
33.
That
Sri Shamir Kr. Shah M.D.B.M. R.D. consultant Radiologist and Sonologist of
Hon’ble Smt. B.C.J. General Hospital Santakruj submitted the report of his
sister-in-law Miss. Neeta N. Shah and sought for the cure of disease of
infleterating Duct Carcinoma. The true copy of the letter written by Dr. Shamir
Kr. Shah on 19.2.2002 is being filed herewith and marked as Annexure no. C.A.24 to this writ
petition.
34.
That the letters written from Mahatma Gandhi
Institute of Medical Science by the Dean of the institution stating therein
that after reading the book that cancer is now curable the international
conference of Ayurveda, Yoga and naturopathy sought to invite Prof. S.S.
Trivedi of D.S. Research Centre. The true copy of the letter dated 11.6.2001 of
Dr. O.P. Gupta of Institute of Medical Science is being filed herewith and
marked as Annexure no C.A.25 to this
writ petition.
35.
That
there are number of patients recommended by the prominent doctors and
respectable citizens indulged relative of the Hon’ble Judge and one such letter
has been written by SR> S.K.Prasad, Joint Directore of General of Foreign
Trade Ministry of Commerce has reported significant recovery of condition of
patient suffering from cancer through C.T. Scan and thereafter the liver
function and kidney function were reported successfully and sought for sending
the Sarvapisti through courier. The true copy of aforesaid letter dated
16.7.2002 is being filed herewith and marked as Annexure no. C.A.26 to this writ petition.
36.
That
there are number of news articles part from the articles published in different
news papers as contained in the Book-let, published from time to time in the
leading newspapers of the country regarding the achievement shown through
indigenous nutrient energy therapy for cure of the cancer. It has been reported
in the aforesaid articles that how the sarvapisti has provided the new
dimension for curing the cancer. It has been stated that the person cured would
have been in Lakhs if the proper incentives were given to the proper centre.
The true copy of the paper cutting highlighting the positive result regarding
the cure of cancer in different newspapers by administering the sarvapisti to
the person effected by the cancer are being filed herewith and marked as Annexure no, C.A.27 collectively to
this writ petition.
37.
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.
38.
That
it has also been written in some of newspapers on the basis of research
conducted that the noble prize winner scientists Dr. Kary Giloz has claimed
that disease of Aids has been created as the hox for the implied reason for
earning by the person associated with medical and health services and also
dealing with the drug business. The true copy of the report published in
Sanmarg at West Bengal to the aforesaid effect is being filed herewith and
marked as Annexure no. C.A. 28 to
this writ petition.
39.
That
inspite all these positive effect of indigenous research in preparation of
sarvapisti for cure of cancer, there has been a further measurable condition
suffered by the person under going the ailment of cancer. The desperate patient
on account of providing the ban by the office of Drug controller and
Enforcement Branch have contacted the petitioner’s vcentre at Varanasi from
Kolkata wherein restriction was enforced in the branch office at 160, M.G.
Road, Kolkata, the matter was highlighted by the association for protection of
cancer patients rights through its Secretary Ranjan Dutta at Kolkata to West
Bengal Human Right Commission Chairman SR. Mukut Gopal Mukarjee with a prayed
to resume the supply. The true copy of the article published in different news
papers regarding ban imposed at the branch office of Kolkata by Drug Controller
is being filed herewith and marked as Annexure no. 29 to this writ petition.
The extract of articles published in different newspapers throughout the
country regarding the cure of cancer by the petitioner’s research centre which
were compiled as book let and the book of Research cencer namely the cancer is
curable shall be produced at the time of argument, if directed by the Hon’ble
court to the counsel for the petitioner.
40.
That
It is Irony of fate that we have won our independence on the basis of original
and novel experience but those ideals and 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.
41.
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.
42.
That
the petitioner’s Association for Protection of Rights of Patients having its
Head quarter at b-1/84 B Assi, Varanasi (an un-registered society) has filed
the present writ petition with the prayer sought from this Hon’ble court
restraining the respondents union of India, Director General Drug control, Drug
Control Medical Health U.P., Licensing Authority of Ayurvedic Medicine, U.P. ,
Medical council of INDIA, U.P., Incharge Drug Section Enforcement branch
Kolkata seeking writ of mandamus for restraining the respondents from
interfering in any manner with the research centre of the petitioner providing
nutrient energy therapy through the extract of vegetable and other natural
environmental natural produces by administering the nutrient energy therapy to
the patients suffering from cancer etc. at the petitioner’s research centre.
The provisions of schedule “J” of Rule, 1945 stating 51 diseases as incurable
and direction issued therein not purport to prevent / cure of such disease as
unconstitutional or in the alternative the right of patients suffering from
such diseases and taking herbal nutrient energy therapy given in the form of extract
of vegetable and indigenous nutrient energy therapy as eatable fruit may not be
attracted with the aforesaid provision of drug and cosmetics Act, 1940.
43.
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.
44.
That
the Association for Protection of Patients Right has submitted that on one hand
the indigenous research like that of research conducted at the petitioner’s
centre are put to the arbitrary restriction for upliftment of cause of down
trodden citizens, suffering from cancer who are taking nutrient energy therapy
through indigenous natural vegetation under the garb of provisions of Drug and
Cosmetics Act, 1940, while on the other hand the toxic substance under the
authority of giving the license to coca-Cola abd Pepsi which is causing ulcer,
reanal failure and also cancer in some of cases are advertised through Audio
visible Media like Door Darshan. These commodity are sold under the banner of
soft drinks known as Coca-cola, Pepsi, Thumsup, Mirrinda in utter violation of
food adultation Act. Thus the Door Darshan through its Director and Managing
Director of Pepsico India Pvt. Ltd and Hindustan Coca-Cola Beverage Pvt. Ltd.
Were impleaded as the respondent no. 1
to 11 in the aforesaid Public Interest Litigation. The present P.I.L. has been admitted by the Hon’ble Chief
Justice and Hon’ble Mr. Justice Ashok Bhushan on 12.8.2002. The true copy of
the order passed in writ petition no. 33289 of 2002 dated 12.8.2002 is being
filed herewith and marked as Annexure
no. C.A. 29 to this writ petition.
45.
That
in this manner since the petitioner’s research centre has been impleaded as the
proforma respondent in the aforesaid writ petition no. 33289 of 2002 and it has
came to the knowledge of the petitioner through his counsel that notices have
been issued to the respondents including the petitioner of present writ
petition, the present writ petition may also be directed to be heard alongwith
aforesaid writ petition.
46.
That
recently on 14.8.2002 an article has been published in Pioneer news paper that
the scientists in America is now claiming that cancer is now curable. On the
other hand the American scientists on the basis of research conducted by our
indigenous nutrient energy therapy are getting the cure of cancer in their
country , while on the other hand in order to achieve the commercial advantage
upon the innocent citizen having the Phobia created by the Govt. of India
regarding the diseases of cancer as incurable are indulged in the research for
cure of cancer. The true copy of the news item published on 14.8.2002 is being
filed herewith and marked as Annexure
no. C.A. 30 to this writ petition.
47.
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.
48.
That
since the respondents after receiving the information in respect of the filing
of public Interest Litigation by the Association craving for protection of
patients right has sought for issuance of notice to the respondents, similar to
the treatment given to the branch office of centre at Kolkata, the respondents
have started harassment by alleging that provisions of Drugs and Cosmetics Acts
and Rules therein including Rule 106 and Schedule”J” are applicable for taking
action against the advancement of research from the petitioner’s research
centre.
49.
That
the respondents under the garb of law Enforcement Agencies aided by the Police
authority are providing the detrimental effect upon the right of patients by
providing unreasonable restriction for conducing research and survival of the
research centre through the cost realised from the patients by this charitable
institution only to the extent of the investment incurred in this regard. The
aforesaid action of the respondents is violative of Article 14, 19(1)(a))g) and
21 of the constitution in respect of the rights of the patients. Thus the
respondents may be restraint from interfering in any manner from the rights of
petitioner’s society to carry on the research for the complete cure of dreaded
disease of cancer which are alleged by the respondents as incurable from the
drugs.
50.
That
the petitioner has been advised to submit that since the research conducted at
D,S. Research Centre is for the protection of our cultural heritage by
preventive measurements and thereby saving the patients suffering from the
alleged incurable disease from its side effect and as such the performance of
research centre is for the achievement of such indigenous advancement of the
scientific temperament amongst the citizen as to provide them the feeling of
security from the alleged propaganda created on the behest of multi-national
companies supporting the drugs and medicine on the trend of British India
Company under whom the country remain in clutches of slavery for a considerable
period.
51.
That
the birth of socialistic pattern of society and mixed economy with confounded
speculation about India’s starvation of our potential of unlimited reservoir of
skilled labor and abundance trader’s skill, which 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 superior perennial sprit to naught. 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 indigenous products for the eradication of the prevailing
ailments, where is ordinary medical service has yet to invent proper medicines.
52.
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 dies in cancer . This means more
than 50 lakh a year- a large chuck of the population—that can even create a
panic in a metro city. That too is not the extreme point of worry
for the nation.
53.
That
the graph is continuously rising giving signal of more dangerous time 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 for the
eradication of the trouble.
54.
That
the petitioner has been advised to submit that the effect of globalization to
invite the drugs manufactured in the western country, which are suitable to do
geographical condition of having low temperature, but in the country like India
the circulation of such drugs, which are
generally prepared through toxic and poisonous substance is not only
detrimental to the health and hygienic condition of patient, but ultimately it
may lead for getting so many side effects, which creates a psychological effect
in the mind of patients that they have come across to a situation where there
is no other alternative except to commit suicide in view of fact that even the
Govt. has taken into consideration that these disease are incurable.
55.
That
in order to maintain solidity and integrity in the nation and as the vary
foundation on which our freedom struggle was fought by the father of our nation
could have been saved, it is necessary that respondents may be restraint from
providing the interference to the rights of the petitioner’s research centre
providing restraint from supporting the indigenous nutrient energy therapy to
the persons suffering from ailments of cancer and other alleged incurable
diseases.
56.
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 window for its ventilation and the
inmates lying in the sound sleep, and, if
we shout ,whether we are doing a good turn to same lighter sleeper?
57.
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.
58.
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.
59.
That
the dividing line between an administration power and quasi-judicial power is
quite thin and is being gradually obliterated.
The concept of quasi-judicial power has been under going a radical
change. Let the executive may also give
up its privilege orientations and start building nation through there utmost
potential. The higher bureaucrats may
fix their responsibility and public accountability. Towards and unless this responsibility in
nipped in the bud, it is likely to cause turbulence shaking the entire
socio-economic political system in an otherwise healthy, wealthy, effective and
vibrating society.
60.
That
the feeling of guardian of patients suffering from the diseases of cancer has
already been demonstrated by the perusal of contents of the present writ
petition, when the cloud of restrain provided to the centre at Varanasi was
foresighted by the aforesaid association. This was in anticipation of the
factor that since the branch office of Kolkata has been closed by the action of
respondents, let the patients suffering from cancer and diagnose on the basis
of test who are under going the indigenous nutrient energy therapy from
petitioner’s research centre may not suffer irreparable loss at Varanasi.
However, the respondents instead of going through the sentiments of public at
large who wanted to get complete cure of disease of cancer through Sarvapisti,
the respondents have not provided harassment to the Incharge of Research
Centre. Thus the petitioner has come forward for the protection of its right in
conducting the research work for complete cure of cancer through the efforts of
petitioner charitable society, which is realizing only the cost incurred in
preparation of sarvapisti and the investment made in respect of conducting the
research work, management of centre and
other expenditures regarding the salary to the employees are realized from the
guardians of such patients. There is also encouragement in respect of financial
support from the charitable oriented minded citizens and other institution for
the upliftment of cause of the patients.
61.
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.
62.
That
Justice is a psychological yearning in which men seek acceptance of their view
point. Our independent Nation 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.
63.
That
article 14 has a pervasive potency and versatile quality, equilitarian in its
soul and allergic to the discriminatory dictates. Since equality is antithesis to arbitrariness,
any action which repugnant to the fundamental rights provided to the charitable
society indulge in the cause of research for the cure of fatal diseases like
Cancer, AIDS etc shall be deprivation of the right expression and to impose an
arbitrary restriction upon a scientific
temper of an individual indulged in the research such an important function of
the society.
64.
That
on 6-7 August 1987 the center Ayurved and shidh research center council new
Delhi invited the Director of D. S. Research Center for conducting the research
upon one girl namely Km. Poonam Sinha aged about 15 years suffering from acute
leukemia (Blood Cancer) undergoing the treatment at All India Institute Of
Medical Science. This patient was lying
on death-bed and waiting for the death.
It was directed to get her cure by the indigenous nutrients energy
therapy and the formation there of known as ‘Servapisti’. After 8 month of continuous administration of
the nutrients energy therapy, the girl not only completely recovered from the
alleged incurable ailment but she has also started playing and attending the
school regularly. The Director of All
India Institute of Medical Science wrote the personal letter to D. S. Research
Center for getting the nutrient energy therapy known as Servapisti and to get
an copyright but in absence of not attracting the definition of as contemplated
under the Drugs and Cosmetic Act 1914, the registration of the ‘Servapisti’
could not become possible. It is in the
year of 1989 that Km. Poonam was completely cured from the alleged incurable
ailment of Blood Cancer known as Acute Leukemia and thereafter attending the
higher education, she was married. This
was the case which has created the history in the research conducted through
indigenous nutrient energy therapy for the cure of the Cancer. The detail of the aforesaid achievements is
displayed in the book ‘ Cancer is Curable now’ on page no. 72 which is filed
herewith and marked as Annexure no. C.A.
31 to the Writ Petition.
65.
The
State Government of Bihar organized a seminar and a conference at Patna Medical College and Hospital. It was on account of the failure of the
government that such a indigenous research could not get the proper
recognition. It is submitted that in
case the government would have provided the attention for obtaining the
positive result by administering the nutrient energy therapy to the patient
suffering from the Cancer, there would have been the remarkable achievements in
the aforesaid research. There would have been the following advantage
to the citizens and also to the Central Government by the encouragement of the
research center.
That lakhs of patients
suffering from cancer would have been
completely cured.
There would the import of the medicine
from the foreign country in the tune of thousands of million dollars every year
in the form of Indian currency.
The public exchequer would have been
saved through such nutrient energy therapy provided to the patients instead of
being dependent on the Allopathic Drugs which are mostly made up of toxic and
poisonous substance and thus having its side effect upon the other portion of
the body.
There would have been the export of the
indigenous nutrient energy therapy known as ‘Servapisti’ which could have been
able to extract thousands of millions dollars per month as the foreign currency
amenable to the country.
This would have been to provide a
substantial relief from the debt already tends a mounting to the monstrous
inflation resulting in steep fall in the value of money. The government is responsible for such
apathetically attitude adopted by neglecting the outcome of indigenous nutrient
energy therapy in our country.
That
there has been persistent request made by the D. S. Research Center to the
Central Government. State of U.P., State of Bihar, State of Kolkata and the
achievement of the indigenous nutrient energy therapy for the cure of cancer
has been highlighted in the Newspaper Hindi, English, Bangla, Marathi and Gujrati
language but no attention has been provided so far and the Central Government
as well as State Government has put a
curve through the deep here without providing any heed to the aforesaid achievement conducted by the
D. S. Research Center.
There has been the assessment of the
achievement conducted through such indigenous nutrient energy therapy and the matter is highlighted to the
aforesaid extant in the different newspaper-
I That the scientist and the government may get the proper assessment of the achievement conducted through its research by administering the nutrient energy therapy known as ‘ Servapisti’.
The aforesaid indigenous nutrient
energy therapy research would have provided a revolutionary steps.
Unfortunately
neither the State Government nor the Administration has taken any consideration
to our indigenous cultural heritage and absence of proper documentation of the
research conducted in this regard the country has under gone a tremendous and
irreparable loss in the form of the achievements conducted by the D. S.
Research Center.
66.
That
the D. S. Research Center has not indulge in itself for making the
advertisement for the sell of indigenous nutrient energy therapy in any one of
the newspaper till date. It is on account
of the good-will of the patients who have been remarkably cured by such the
indigenous research and it is after collecting the report from them the
publicity by the well-wisher has been highlighted in the different newspaper. There is neither any sell conducted from the
D. S. Research Center nor the patients are examined. There is no investigation and the diagnosis
conducted at the symptoms. It is only
basis of report of the pathology department and the history of the patients and
the disease diagnosis through Scan and other Radiology Center that the
‘Servapisti’ is given to the well-wisher of the patients at the research and
development cost from the center. There
is neither any money extracted as a profit earning business but every sort of
the donation which are provided through the well-wisher after getting the
positive results for the cure of there relatives, the D. S. Research Center is
functioning as the charitable institution in consonance with the objective of
the society. There has been the full
descriptions of the details at the page no. 50 of the book titled as’ cancer is
curable now’ which may kindly taken into the consideration.
67.
That
it has been highlighted by the patients in this writ petition filed on behalf
of the association for protection of patients right that it is on the behest of
the international multinational company indulged in the sell of the Drug and
cosmetic through the import license from the Central Government that the raid
was conducted at the Kolkata Center. The
indigenous nutrient therapy known as ’Servapisti’ is neither a drug nor the
drug controller was having any authority to conduct the raid upon the
functioning of the branch office of D. S. Research Center. The Hon’ble Court after admitting the
aforesaid writ petition has directed the issuance of the notice to all the
concerned party who have been impleaded as the respondents in the aforesaid
writ petition.
68.
That
it appears that as soon as the notices were received by the answering
respondents of the writ petition no. 33289 of 2002 as the Chief Secretary of
the State of U. P., Drugs Controller through its Director General, New Delhi as
well as Lucknow, Ministry of Medical Science, New Delhi as the
respondents. It is in view of the
aforesaid facts that a notice have been received from the office of C. M. O.
Varanasi making certain enquiry about the functioning of the petition
center. There is no authority vested
with the C. M. O. to make an enquiry as to what are the qualification of the
person indulged in the research. There
would have been no occasion to inquire about the ingredients and the nature of
the drug as the indigenous nutrient energy therapy a simply the food articles
wherein a particular ratio of its ingredients may be able to get the preventive
and curable quality over the patients suffering from the alleged incurable
disease known as Cancer. It is submitted
that it is only by providing the nutrient for the resistance over the spreading
of the disease cancer that after the consistent efforts, the patient is
completely cured without any side effect and other ailments to the human
body. Thus the action of the C. M. O.
Varanasi by issuance of the notice to the petitioner center is wholly
arbitrary, illegal and void.
69.
That
the notice has been given by the drug controller in the office of the Chief
Medical officer stating therein that after receiving the letters of the
Patients submitted in the office of the District Magistrate, he went to make
the contact at the Petitioner’s centre but
could not meet to shri Trivedi. Thus a notice is given to show as to whether the D.S. Research Centre is indulged in the business of
administering the drugs to the patients after realisation the cost thereof and
whether the Nutrient Energy Therapy known as Sarvpisti is available in the
market for purchase. This notice dated 22/8/2002 has been replied by Sri
S.S.Trivedi, Director of the Research Centre on 31/8/2002. It has been said that Sarvpisti is neither
the medicine nor a drug and this is prepared from the extract of vegetable
substances comprising of 1621 natural vegetation and is an edible substance.
Thus the same does not fall within the definition of the drug nor is being used
as a drug. There is neither any distribution of Sarvpisti in the market, nor it
is available to any one for purchase except to the volunteer coming at the
centre for providing the proper nutrition to the patients suffering from the
dreaded disease as the best cure of the disease is to proved resistance in the
body to get the preventive cure of the alleged incurable disease through
indigenous nutrient energy therapy. The true copy of the notice dated 22.8.2002
and the reply submitted on 31.8.2002 are filed herewith and marked as Annexure no. C.A. 32 and 33 to this
writ petition.
70.
That from no stretch of imagination, it could
have been taken that whether cancer has yet not became weak or it is still a
deceptive, dangerous, painful and cruel, which quickly destroy the life and its
health system. Thus no laxity can be
allowed in tackling the diseases. Servapisti is in its nascent stage of research
and testing and it is not available in the open market, but is provided to such
person having failed to cure the dreaded disease like Cancer on the cost of
administrative expenses without having any commercial transaction in the
process.
71.
That some of
the silent feature of D. S. Research Center are enumerated to highlight
that the research centre is indulged in
promoting the research and to test them
on such patients where the Allopathy and other
medical research have failed is provide as improvement. It is only the analysis on the basis of
diagnosis conducted at different Pathological Centre and the opinion derivated
out of them to ascertain the stage of the diseases infested upon the patients
and after getting such report from the well-wisher of the patients according to
the requirement, the Servapisti, the indigenous Nutrient Energy Therapy is
supplied to the patients through their relatives. There is neither diagnosis
conducted at centre nor in hospital or nursing home nor there are residential
arrangement for patients, nor is the facility for examining patients.
The patients are brought, nor allowed to be examined for the treatment
of the dreaded diseases.
72.
That at the time of registration the history
of diseases, treatment done, medicine treatment Zerox copy of all
document having scientific test
must be submitted alongwith the best photograph of patient. Only the nominal expenditure incurred on
research and development and for preparation of Servapisti are charged from the
person carrying the said Nutrient Energy Therapy. for being administered to the
patients. Thus on account of not being
sold in the market for being manufactured from the substance used of manufacturing
drug, Servapisti does not fall within the definition of “Drug” as defined U/S 3
(b). It is purely food articles comprising of 1621 type of vegetation and 16
type of mineral water, which are already annexed as Annexure-4 to the writ petition.
73.
That the preparation of Servapisti is thus from
indigenous Nutrient Energy vegetation extinct from human edible substance like-
germinated grains, leaves, flower, vegetables, fruits and laguminaceae plants
and also from the spices commonly used
for preparation of the food. The basic
element of the medicine is the milk and carbohydrate, which are themselves
foods of human being.
74.
That the effect of Servapisti, indigenous
Nutrient Energy is not directly to destroy the cancer cells and the drug medicines, thus once the
infected portion. The medical exercises
control over cancer by removing it through Radio-therapy and other curative
measurement which has its own side effects upon the normal cell of the
body. Consequently if the cancer is
weakened the normal cell is also effected.
However by administering “Servapisti” it controls upon the growth of
cancer and thereafter rather regularizes the normal cells is the very
foundation of the cancer crumbled down and all the cancer cells become
non-existent.
75.
That in this manner neither Servapisti is a drug
nor it is available in the market. It is
not been used in the hospital or at nursing home for treatment of the patients
but on the other hand it is edible food produced comprising of 1621 substance
by which the indigenous the Nutrient Energy Therapy is giving to the body of
patient who is suffering from dreaded disease.
The packing of Servapisti is done manually and once it supplied to the
person, it is not taken back for given it to any other patient. Thus miraculous effect in changing hygienic
condition may be seen after 3-4 weeks after applying Servapisti to the
patient. There are report of effective
improvement which is being published in different newspaper as the other
patients in the dire need for cure of their diseases may be benefited and the
cancer’s nature may be stopped to spread.
The effect is seen by the glaring example of cure mention in the book
namely “Cancer is Now Curable” which is now resistant the spread of the disease
and is being stigmied . the overall
effect of Servapisti is not clearly
discriminatory where the harmony between
the life’s utility and health condition is seriously damaged. Thus despite being used from last 19 years,
there has not been any side-effect of the indigenous Nutrient Energy
administered to the patients suffering from dreaded disease.
76.
That on accounts of all these facts it appears
that when the cloud of uncertainty has been prevalent in the mind of the people
fighting for the protection of their patients right. On account of threat provided by respondent 8
and 9 at Kolkata Centre. The present
public interest litigation for seeking enforcement of their fundamental right
i.e. “Right of Life” guaranteed under article 21 of the Constitution of the
India to the patients suffering from
chronic ailments and dreaded disease .like- Cancer.
77.
That It has been prayed that as far as the
answering respondent are concerned there may not be any interference in
administering the Nutrient Energy Therapy prepared through the extract of
vegetables and other human edible substance as displayed in the list of food
articles. (Annexure No - 4) may not be
stopped from being administered the patients suffering from cancer and if the
indigenous Nutrient Energy Therapy comprising of the edible food vegetable is
having a positive impacts for cure of the patients suffering from cancer and
other diseases, the provisions of Rule 106 of Drugs and Cosmetics Rules, 1945
having its Schedule ‘J’ may be declared as not attracted for administering
Servapisti based on the preparations of the herbal Nutrient Energy Therapy
otherwise it may be declared unconstitutional in ultra-vires to the right of the patients conferred under article 14
and 21 of the Constitution of the India.
Since the applicant / Respondent No. 13 has been impleaded as the
Performa respondent , the applicant prays
for passing appropriate decision after taking all such facts and
circumstances which could have not been
brought to the notice of this Hon’ble Court for the advancement of research and
for providing it due promotion with
scientific skill and temper as it may
provide remarkable success for complete cure of dreaded disease like – Cancer.
78.
That under our Constitution, it has been
provided that there shall be the humane conditions and it will be the duty of
State to raise the level of nutrition and standard of living and improved
public health under article 47 read with article 21 of the Constitution of the
India. There is fundamental duties
casted upon every citizen of the India to uphold the ideals and to cherish such
noble ideas, which are meant to promote harmony in the sprit of common
brotherhood amongst all the people of India and to value and preserve the rich heritage of our composite culture
which including indigenous Nutrient Energy Therapy being administered to the
patients suffering from alleged incurable disease like- Cancer.
79.
That as submitted earlier under article 51 A (h)
in itself cast a duty of every citizen to develop scientific temper, humanism
and the sprit of enquiry and reform and to strive towards excellence in all
spheres of individual and collective activities
so that the nations consistently rises to higher level of endeavour and
achievement. Thus in no circumstances
the research conducted at the centre and preparation of indigenous N. E.
substance extracted from 1621 edible
vegetables known as Servapisti could have been restrained by the respondents
rather there should have been adequate promotion research and other activities
associated for the cure of Cancer as per the endeavour of the fundamental
duties and reciprocal obligations there from upon the respondents.
80.
That
the work of D.S. Research Centre and the cure of Cancer invited the
attention of International Ayurveda Fraternity who invited Shri Shiva
Shankar Trivedi for delivering a guest
lecture in the International Symposium on Ayurveda, Yoga and Naturopathy held
on Feb 1 / 2 , 2002 at Mahatma Gandhi Institute of Medical Science Sevagram,
Wardha. The extract of the invitation
and extract of booklet issued International Symposium were Annexed as Annexure
No. 12 and 13 but the entire correspondence and the participation thereof by
the Director of D.S. Research Centre has not been brought to the notice of this
Hon’ble Court which is being filed here
with as Annexure C.A-34(collectively)
81.
That the message of D.S.R.C. is having the
scientific temper intellectual and social enthusiasm of the crucial hour for
the cure of dreaded disease. The message
of D.S.R.C. is not a commercial advertisement but is inspiring call for a
revolution to serve suffering humanity in the most humanitarian scientific
way. The theme of the Centre is based on
cherished and noble ideas of indigenous Nutrient Energy Therapy research
which is an endeavour to value and preserve the rich heritage of our composite
culture and to develop scientific temper, humanism and sprit of energy and
reform for excellence of the human being .
82.
That there has been a feeling of danger to
the person indulge in making the profit for the traditional drug therapies
which mostly prepared medicine from poison and toxic substance. The advancement of the research has provided
sound and tested foundation of curative era by the nutrient energy preparation
for curing the diseases. The Nutrient
Energy Therapy. Servapisti has never been
sold in the market and there has a strict condition and mutual agreement
under the words of patient coming voluntarily under proving of Servapisti. The applicant is filing the extract of all
such message relating to scientific intellectual and social enthusiasm by D.S. Research Centre in this regards are
being filed and marked as Annexure no.
C.A-35
83.
That the Centre council of research Ayurveda and Sidha (CCRAS)
studied file of cancer cases which were cured by Servapisti than the penal of
C.C.R.A.S was setup and the matter was
discussed keenly in Kolkata. The
Director of Centre himself supervise the proving and trial of Servapisti on Km.
Punam Sinha a terminally advance case of acute leukemia who was going treatment
A.I.I.M.S. , New Delhi. it was reported
that Km. Punam Sinha could not survived one month, but she got perfectly cured
by Servapisti of the dangerous disease.
84.
That this was first case of acute leukemia to be
ever cured. Now Km Punam Sinha has been
leading an active and healthy life. The
difficulty is that Ayurveda itself
stands on the footing of drugs
and indigenous Nutrient Energy Therapy, which was administered earlier prior to
Angle Saxon Allopathy medicine could not
fit for bureaucrats to its present frame work.
There has been a sinister design which has completely eroded the basic
foundation on the existence on which our
cultural heritage were dependent by the pressure of multi-national companies
indulge into the business of drugs which are now being imported by providing
much more lucrative incentives to the officers dealing with the drug business
and as such nothing so far is provided to encourage the indigenous Nutrient
Energy Therapy research conducted at
D.S. Research Centre it is strongly recommended by the Association of
Protection of Patients Right that there
may be the proper encouragement to the Nutrient Energy Therapy research and the
respondent may not restrained the preparation of Servapisti which is helpful
and rather the answer for complete cure of the dreaded disease which are
considered incurable under Drugs and Cosmetics Act, 1940
85.
That the representations were given to the
respondents requesting them and their concern agencies to evaluate their
approach and achievement as they may come forward to promote and patronize the historical
achievement as the country may glorified before the entire world as to explain
that what the Indian’s have done with
the scientific skill , temperament and research of D.S.Research Centre Nothing
has been done so far although the letter were received from the high dignities
including Prime Minister office, Hon’ble
Governor of West Bengal’s office and from the office of Ministry of Health and
Family Welfare to the aforesaid representation.
The true copy of the aforesaid representation are being filed and marked
as Annexure no. C.A.-36
86.
That apart from being getting the cure of cancer
from research conducted by D S R C, there could have been saving of millions of
crore of rupees which are paid to the
multi-national companies having there international market for importing the
drugs in our country every year. The
country have earned millions of crore of dollars by now from the successful
cure of cancer and other dreaded diseases.
The research is being carried on from D S R C for the cure of patients
suffering from the AIDS . this is
indulged anticipation that positive result shall be highlighted within a very
short period. Thus the question arises whether instrumentality of
Govt. is not accountable for illegal omission
committed by them through the respondent in the aforesaid regards.
87.
That on one hand the incentive are given by
offering the prestigious Shri S.S.Bhatnagar award for 2001 or the work
conducted by Dr. T.A.Chandrashekhar on Photo Dynamic Cancer Therapy while the
D.S.R.C. indulged for the complete cure of cancer has been subjected to
undergone the criminal prosecution launched by respondent no. 7 and 8 at
Kolkata Centre. The provision of Drugs
and Cosmetics Act, 1940 has been stated to be
violated. It was with the great
mental agony and humiliation on the part of the person indulged into the
research that anticipatory bail should have been granted at Kolkata. There are so many researches conducted at D S
R C which may not only cure cancer but
the cardio-vascular problem to the
patients suffering from the heart diseases, gastro-intestine trouble and also the gynecological problem to
the women suffering from incurable diseases like- leukemia . Thus the protection is required to be given
by issuance of the appropriate direction by this Hon’ble Court. The true copy of the report published in
Hindustan Times dated 5/9/2002 regarding Photo Dynamic Cancer Therapy is filed
here with and marked as Annexure no C.A.
37
88.
That it has been revealed after the research
through the scientific process that there is neither any steroid mixed
providing the accumulation in the body indicating the remedial cure and the
energetic trend for the time being in the patients which is generally observed
by administration of the drugs and other medicines. Since there is the indigenous Nutrient
Energy provided to the patient which
helps in generating the resistance from fighting the foreign elements like –
Bacteria and other Virus and as such by
the consistent use of the Servapisti, there has been a remarkable trend for the
cure of the disease through preventive measurements. Thus the administration of the Nutrient
Energy to the patient is not having any side-effect upon the body of the
patients suffering from the alleged incurable disease like – Cancer
89.
That maintaining normal health of the patient is
the best treatment. Nutrient Energy is
the sole prescription of the nature for keeping up health, resisting
unfavourable condition and curing ailments.
Our food is the reservoir of this energy. This was the noble idea flashed in the mind
of the scientist indulged in preparation of indigenous Nutrient Energy Therapy,
which has opened a vast landscape for an investigation. the common daily diet, may keep the burning of life and thereby develop resistance
against unfavourable conditions. This is
the remedial answer to the genetic disease.
Thus after being fully convinced of an inherent efficacy of food
substance a massive diet to unravel the truth behind the conviction from the work and research was systematized
with the emergence of D.S. Research Centre in 1965. It was after a long chain of an experiment
for 13 years that research centre in 1978 in awakening the potential of food
substance and thereby the results are astonishing.
90.
That the patients suffering from the dreaded
disease like- Cancer have been belonging to the poor and economically down
trodden section of the society. There is
no financial resources available to them to meet out the expenses of the drugs
mostly supplied by or licences under the multi-national company. The Nutrient Energy Therapy enrich the
normality of the economy and in this manner it enriches the immune system
towards off changes of abnormality and simultaneously providing a indigenous
effort for boosting the economy under the incongruous inflation having steep
far in the value of money. Thus the
positive efforts through incentives and promotions by the Govt. Agencies to the person of scientific caliber is the
reciprocal obligation casted upon the instrumentality of the respondents. No such efforts have been made so far for the
advancement the noble principle of indigenous Nutrient Energy Therapy even
after being convinced with the results
and prospects by International Symposium
and other Ayurveda Research Centre situated at Wardha and Mumbai.
There has been a certificate of co-operation and affiliation with the
Indian Board of Alternative Medicines at Kolkata. The true copies of Ayurvedic Research Centre
correspondence and the certificate of co-operation issued by the President of
Indian Board of Alternative Medicines are filed here with and marked as Annexure no
C.A.38.
91.
That being it a chronic disease or a malignant
one, a person entrapped into either of these is destined to remain ensnared in
it till his last breath. No medication
has ever succeeded in breaking this deadlock.
Medical treatment rather adds its as an essential chronic
enchaining. It is like this, because
medicines are incapable of treating the basic disease, which works at the
central regime of life and goes on deranging the biochemistry of the Physique
continuously. Medicines simply try to
maintain or readjust this disturbed chemistry from time to time, trying to
grant only temporary relief to the sufferer.
Hence a medical practitioner is called a physician, treating the body in
place of the disease.
92.
That the basic cause behind all these failure is
the principle of drugs. All the
prevailing medical sciences, without any exception, develop and prepare, their
medicines from only toxic and poisonous substances selected from the vegetables
kingdom, minerals or chemicals.
Therapies have been alternated in their postures and manners of applying
these drugs, but the drug principle has remained unaltered. It is self-evident that every bit of every
drug on being inserted into the chemistry of life invariably decreases
vitality, deviates metabolism, stunts creative growth and corrupts the all-
important chemistry of living organism.
How then can a cure be expected from these disease creating drugs?
Treating diseases with these drugs, therefore, entails great risk. Obviously it has become a matter of
compulsion on all medical professionals to be properly trained, then obtain
licenses and legal registration before pursuing their profession. However, inspite of such restrictions and
strict surveillance more than one million people are being killed and millions more are being dragged
into grave disease-conditions every year due to missing in prescribing and applying
these drugs. And that in itself is a
great tragedy.
93.
That the Servapisti is not a drug as it is put
into the loose packet as a edible substance taken every day with the empty
stomach. It is influenced of our ancient
system of science of healing, which is growing the influence all over the world
in some form or the other as alternative medicine. The Who as out rightly testified that such
indigenous Nutrient Energy Therapy
Doctrine is an outstanding as compared to the other system of individual
countries. The indigenous research has a
deep history and well-documented in our scriptures like- Vedas in
Sanskrit. What was realized as good and
useful to the humanity, ages ago is still good and beneficial even to this day.
94.
That the history repeats as such the science of
healing which was considered from known to the unknown a few decades /
centuries ago is considered for its return as our ancestors practiced help,
care principle as our integral part of our life. Thus they could have lived more healthier
than most of us today. Our science through
the scripture of documentation embodied in our religious script was more
scrupulous and there by observed strictly the prescriptions and proscriptions
in day-today life which is now considered more scientific in its living habit
instead of shouting aloud the science of poison through drugs and
medicine. Peoples are realizing its
simplicity and usefulness. Its preaches
that prevention is better than cure.
95.
That the gift bestowed upon us as a boon forms
the divinity and nature, which is, prevents us from deterioration, degeneration
and destruction of health. You may take
a pinch of salt, a piece of ginger or pepper, do miracles in preventive disease
will be the outcome. Since the people in
ancient time were more dependent upon meditation, there had been the least of
imperfection but in this era we are much more dependent on medication. Thus our body which is made up of Panch Maha
Bhutas(Agni, Jal, Vayu, Akash, Earth) which are felt and imagine as they are
actively exist in our body. Thus the
cure of the ailment is dependent necessarily to maintained and safeguard
equilibrium of the three Dhatus dys-function as it is termed as Doshas (Faulty
or Wrong).
96.
The physician diagnosis a patient by reading the
functions or dys-functions or imbalances of the five elements through the three
Dosh Theory (three Humors) Vwata; Pitha and Kapa. This is known as reading of Nadi or
pulse. By this method we the people with
the ancient knowledge of preventive cure can know whether the person is at ease
(healthy), or at disease. Balancing the
presence and functions of the five elements in our body, through three those
theory, and its effect, is called treatment (to said right the wrong). This can be done only be natural means, and
with natural materials or substances similar to the ones our body is made up
of.
97. vL;
ns’kL; ;ks tarqLrtk] rL;kslnk fure kk
bfr;sr
vkS"k/ke~ izksDre vk;w"k ifjikyua
vfip;su
LoLFkkuka LokLFkL; j{k.k ekrqjk.kke~ p jksxueqDrsfr kk
odkjks
nks"k o"kE;a /kkrqlkE;ekjksxrk
lq[klaKd
vkjksX;e~ fodkjks nq%[keso p kk
fgrkfgralq[knq%[ka
vk;qjrL;fgrkfgra
Ekkua
p rPp ;Drksrek;qosZZn l mP;rs kk
98.
That the plants-life is nature’s contribution to
serve the mankind and to over come all sorts of health hazards. Eminent indigenous scholars were having there
infinite knowledge and great insight which they use for welfare of the
society. out of them Charak, Sushrut and
Vagbhata were few of the great scholars which is true through
available documentation. The ancient
science of treatment through preventive cure was dependent and the descriptions
of which is quoted in Rigveda and Atharveda about 3500 B.C. while the Charak
Samhita was written prior to 1000 B.C.
Thus the attention is paid to the root cause of the disease and not the
symptoms alone; treat the patient, and not the symptom alone; treat the ailment
permanently as a curative measure. Thus
holistic treatment is the right answer for the philosophy of the life and the
treatment. There is a natural integral
cohesion of digestive nervous, circulatory and respiratory system for which the
treatment is aimed at and therefore it must tackle all such symptoms and as
such the Nutrient Energy Therapy is only the right answer to the dreaded
incurable disease like-Cancer with the positive
result of success.
99.
That Since certain plants, creepers, herbs
resemble different part of human body, in shape, shade and texture and as such
it is believed to be the useful and guiding factor to treat by them
particularly over the resembling part of the body infested with the disease. In case of any health derangement the
doctrine of signature which comprises of intelligently grouped ingredients
and the whole some use of the extract of
the plants and herbs for rendering treatment gives no adverse effects to the
body of the individual suffering from the ailment.
100.
That the plant and its produce like-
Badam(almond) which resemblance the eye is useful for the eyesight. Yellow Saffron is useful in the treatment of
Jaundice. Sandal-wood and its oil and
Red Rose petals are useful in blood disease and Anemia. Milk and milk like substance are regarded as
promotives and protoplasmic cell-fluids.
Thus the resistance power of the body is used to combat the disease
which is free from toxicity and the
patient is not subjected to another
ailment as the result of the treatment from the Allopathic medicine. This is the out standing wisdom gathered from
indigenous Nutrient Energy Therapy since centuries and from generation to
generations.
101.
That there has been several chapters towards the
philosophy of life suggesting the theories of Astro-medical, Magneto or
Electro-waves treatment through wearing
oriental metallic ornaments studded with Gems as there reflective effect casts
a positive result on our system of health.
Each Gem is prescribed and attributed to a planet and its influence has
an everlasting effects upon the science of humanity. Metals and minerals in oxidized forms
combined with herbal extracts through the methods of trituration, ionization,
potentiazation or atomization processes through mantra (Taveez) Yantra, and
Tantra since ages were prevalent from ancient
times even to this day. We cannot
blame the text on these subjects but we can only blame the practitioners of
these theories who are unable to gives desired benefit of this theory due to certain lapses on their
part. Thus the system of alternative
medicine has got the wider implication and affect upon the science of human
body.
102.
That it is interesting to note that each of the
five finger of human hand is associated
to the different organic system of our body.
This theory is connected with
astro -palmistry science linked with the
planets. The thumb with vitality and
general debility, index finger with respiratory system and stomach, the middle
finger with liver and intestine, the
ring finger with kidney and circulatory system and the last the little finger
denotes the states of the feet’s, the
sexual glands; habits, conduct and character etc. it is in practice and scientifically well
acknowledged that through palm reading and horoscope study there is solution to
treat in health and providing to for
suitable treatment as possible supported
by clinical study. The system of
accrue-pressure is dependent upon these researches which is indigenous and
based on ancient science.
103.
That the divine gift to the human race covers
all other animals world bird world.
It has been
discovered from the very stage of the life being conceived inside the womb of
the female that the human body passes
through al the several stages of 84 lakhs species and thereby it
resembles to a particulars non-vertebrates class of the category to the
Vertebrates known as Pisces, Amphibian, Reptile, Bird and there after the
Mammals. Thus it has been rightly said
that the human body is blessed after
passing through the different 84 lakhs of the species. The aforesaid clearly indicates that whenever
there is some defect in the system of the body it affects, the very origin of
the stage which has undergone in the process prior to the birth. Thus the extracts of the plants and
vegetables edible by all vertebrates (tetrapods) are the preventive cure of the
dreaded diseases. The Hindu mythology
has explains this science through quotes and words. Even an ordinary Pujari in the temple gives
Tulsi Teerth of the God as Charanamrit
with the blessing from his side by reading as “A MIRTYU HARANAM SEVA
VYADHI NIVARANAM MRITYUNJAYA PADODAKAM PAVANAM SUBHAM” and further adds “AYURAROGYABHI VRIDDHI-RASTU”.
Hindu Mythology prescribes, Sankh, Saligram, Yagyopaveetham, Recitation of
Puranas, wearing of Gems and Ornamentals and particularly VRIKSHA POOJA
(prayers to plants) in the up keepment of Good Mental and Bodily Health. We strongly do have faith in this.
104.
That the maintenance of EQUILIBRIUM of VAAT, PITTA, & KAPHA, and failures in these 3-DOSHAS, are
the root cause of HEALTH failure, according to AYURVED. Whereas, the alternative NET preaches that
Mind is responsible for good and bad of HEALTH.
Also, if internal Stamina OR Energy is lost, deterioration of Good
Health starts. Naturopathy tells that we
should have Balance of Nutrition. It is
also said that superfluous diet, sleep, a waking, too much of labour, become
the root cause for the debilitation. All
these are Branches of the same Science.
NAVRAS, PANCH TATVAS, PLANCETS, STARS, SEASONS, GEMS, MINERALS &
METALS, have their own effect on the Human SYSTEM.
105.
That the
Puranas speak that everything in this UNIVERSE has come out from the
Body of the GOD the Creator. We need not
go into details in this, for the present
Birth and Death are the two ends of a Materials. In a circle, if it starts from Birth, it ends
with Death. Earth gets stimulates by the
effect of SURYA, whereas by the effects of MOON, it gets peaceful and cools
down. RAHU shadows EARTH, and KETU
shadows MOON. The Drastic exposure from both RAHU & KETU, brings-in the
DEATH of a HUMAN. Therefore, PANDITS,
say that HUMANS need the sympathy from RAHU & KETU, through out their life,
to ward-off unfavourable circumstances.
106.
That when the moon is in the first half of the
month, the skin infection and mental derailment cases get aggravated. It has been proved that the effect of the
moon are cast on the menstrual cycle of women.
It is also the known fact that
Guru has special effect on the human and brightens the prospects. Nine planets and twelve Rashi’s have there
individual effects on the human system.
The star focus also effects on the human body which good health and bad
health by gradual process. There is the effect on the skin eruptions
when the effects of the SURYA and KUJA in aggravating PITHA and when SHANI,
RAHU and KETU aggravated VAAT such person suffers usually obesity, rheumatism,
arthritis. If the Rashi’s is also
unfavourable the person suffers too much loss in the organs. According to some scholars while ciphering
of this subject, certain guidance is
provided regarding the effect of the Rashi’s.
MESH is having it’s effect on head, face and brain system. VRISHABH has its effect on neck and throat,
MITHUN on solder, hands muscle, blood
and flesh, KARKATKA on chest and stomach; SIMHA on backbone, backside,
waist and heart, KANYA on liver, TULA on skin, VRISCHAKI on sexual
organs. DHANU on pulse and nervous system, MAKAR on knees and elbow, KUMBHA on
feet and digestive system, MEEN underfeet.
107.
That there has been the scientific endeavour
through the analytical observation that the nav-grah focus on certain body
parts. The Surya controls the activities
of the heart, blood, brain, left eye of the lady and the man’s right eye. Chandra controls the left eye of the man and
the rigth eye of the lady and her breast.
KUJA rests upon nose, forehead and digestive system while Buddha controls
nerve system, pulse, muscle, tongue, solder, face and hair. Guru controls right ear and liver while
SHUKRA controls the complexion and the left ear. The SHANI regulates the bone system, dents
and knees while RAHU is a regulatory
factor of the mental weakness and depression like wise KETU regulates the skin
affection and aggravate the trouble in the human body. Thus the association of all these factors are
rigid for regulating the system.
108.
There has been the further observation that if
these are tied together so fast than the affect may become useful to the
mankind as AKASH and Guru combined together enlightens , sound , hearing and
speech the VAYU and SHANI provided senses (touch) skins , hands and stimulate
them. AGNI and KUJA saves (complexion)
eyes, and legs are smarten, JAL and SHUKRA provides useful effect to the speech
through tongue and stimulation to the sexual organ while Earth and Buddha
controls the smell of the nose, mood, knowledge, mind, life and food KOSHIKA
. it has been said that the mood is
related with AKASH and the knowledge is entangled with the VAYU and the mind is
integrated with the AGNI . the life is
associated with the JAL while the food is involved the Earth. Thus the medical treatise itself is a
complicated and integrated system. One
has to interloped with the other branches of the vast science and its effects. There are the influence of the GRAH and the
planet on the persons health, life and death.
As long as the people observe the principles of the nature which is the
creation of that omnipotent power quiet unseen, it said by all the philosophers
and the preachers that nothing can disturb the human life. Every disease has a remedy. so every error
committed by us has a antidote as safety measurement. This is what is the faith and the believe
which treats a person. Thus the search
for this knowledge and to put into the practice through the researches and the
scriptures in Sanskrit the Nutrient Energy Therapy herbal science has been
developed in the forms of five elementary basic components which are more
acceptable to the human being for repair of the system.
109.
That all these facts have been enunciated in
order to denounce the theory of Allopathy based on drugs. We may practice and
preach the benefit of the Nutrient Energy Therapy indigenous therapy to the
benefit of masses in our country and abroad.
In this manner we may project our views vehemently and convinced
antagonist to the great extent. There
are number of the medical man associated with allopathic faculty who termed up
a strong supporter of the Nutrient Energy Therapy. The common endeavour is based on the
principle that the body and the mind are treated simultaneously to over come
the problem as it is of no use of treating them in isolation. The slogan is that if the mind is health the
body will also become healthy. Thus the D.S. Research Centre associated as a
torch-bearers in the form of a growing organizations for the cure of dreaded
disease like-Cancer, Rheumatoid Arthritis, Brain Tumors, Leukoderma,
leukorohea and also to the AIDS through the
indigenous Nutrient Energy Therapy.
110.
That the assimilation and elimination processes
is vitally important for the betterment of the health, as well as to ward-off
disease. If one can digest what all he
eats and free from evacuation problem, i.e. elimination process is perfect,
then he is free any ailment. He possess
in-built health. That is his inner strength.
This person is not subjected any ill-health and can easily fight the
dreaded disease caused by outside bacteria and other infections. That in Nutrient Energy Therapy the direct
remedies are acting on the digestive system, circulatory system and our nervous system which are foremost
important in this therapy and known as a Doctrine of Remedial Cure to the
patient. It is known fact that almost
all the ailments arises from something wrong digestion system, circulation
system, nervous system. Disorder
cropping up from the failure of these function arises in our body, can only be
corrected through our treating the system primarily. Thus a blood purifier, a correct digestive
process and a nervine tonic may be necessary from one of the ingredients of
such a systems representations which gives effective treatments scientifically.
111.
The circulatory and nervous disorder is
scrutinize and selected for the research at D.S. Research Centre. according to
the constitution of the patients. His
ailment and the stage of the diseases known as the constitutional treatment is
analyzed to combat the internal and defensive forces in the patients to rise up
as they may cure the disorder and the ailment.
Firstly the toxic effect on as a
result of using medicine mostly poisonous in nature in insured to be read out
from the body of the patient through self contained tonic and nutritive effect
and its constituents. This is the
process known as indigenous Nutrient Energy Therapy at D.S. Research Centre
..
112. That
under these circumstances, it is expedient in the interest of justice that this
Hon’ble court may graciously be please to declare the schedule ”J” under Rule
106 of Drugs and Cosmetics Rules, 1945 contemplating 51 diseases as incurable
to be unconstitutional and ultra vires to the constitution of India.
113. That it is prayed that respondents may
be directed that since the petitioner charitable society is providing the
indigenous nutrient energy therapy comprising of extract of 1621 vegetation
procured from the nature as eatable substance alongwith 16 type of mineral
water which do not fall within definition of Drug under section 3(b) of the Drug and Cosmetics
Act, 1940. The aforesaid provisions of schedule “J” as incorporated in Rules,
1945 may be declared as not attracted in conducting the research work and
providing nutrient energy therapy to the person suffering from cancer and other
serious ailments.
114. That respondents may further be
directed not to interfere in any manner in respect of indigenous research and
also in administering the nutrient energy therapy to the patients suffering
from cancer and other ailments.
115. 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.
. PRAYER
!)- It is therefore most
respectfully prayed that this Hon’ble court may graciously be please to declare
the schedule ”J” under Rule 106 of Drugs and Cosmetics Rules, 1945
contemplating 51 diseases as incurable to be unconstitutional and ultra vires
to the right of patients suffering from dreaded decease like cancer etc
conferred under Article 21 of the constitution of India.
!!)-it is further prayed that respondents may be directed that
since the petitioner charitable society is providing the indigenous nutrient
energy therapy comprising of extract of 1621 vegetation procured from the
nature as eatable substance alongwith 16 type of mineral water which do not
fall within definition of Drug under
section 3(b) of the Drug and Cosmetics Act, 1940. The aforesaid provisions of
schedule “J” as incorporated in Rules, 1945 may be declared as not attracted in
conducting the research work and providing nutrient energy therapy to the
person suffering from cancer and other serious ailments. The respondents may further be directed not to
interfere in any manner in respect of indigenous research and also in
administering the nutrient energy therapy to the patients suffering from cancer
and other ailments.
!!!)-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.
--
Yogesh Kumar Saxena Advocate Supreme Court
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