IMA vs. QPMPA — Part 4 — Emails
Monday, 09 August 2010 15:44
The Emails circulated by Dr. Asokan & Dr. Kishore
Asokan to Kishore (A>K) — Letter Dtd. 8 June 2010:
Dear Dr Kishore,
Only 56 out of 88 listed cases were taken up before the vacation judge in Supreme Court on 07/06/10. The rest have been posted for 08/06/10. SLPs filed by IMA and QPMPA were not taken up on 07/06/10. Kindly handle information with diligence.
With warm regards,
Dr R V Asokan, Deen Hospital, Punalur 691 305
Tel : +91-475-2223470, +91-98470-61563, Fax: +91-475-2228669
Kishore to Asokan (K>A) — Reply dtd. 8.6.2010:-
Dear Ashok,
Just confused and do not know what information I have mishandled. Kindly clarify. I have send a mail on 31 May saying that the QPMPA SLP is filed. After that I was silent.
The mail to members is also posted in the www.qpmpa.org site. We were told that it will be taken up on 3 June and that did not happen and I have posted that also in the site on 3 June, requesting members to wait till 7th June. You can check it.
I was informed that there was some cross talks between the advocates of IMA & QPMPA inside/outside the court and I am not aware of those things. I have no idea as to how many cases are listed and those taken up and those postponed. I believe what you say. I may also inform you that I have no direct communication with the QPMPA Advocate in Delhi.
Kindly inform what went wrong in between. Today I heard that we have to wait for another 15 days. I just do not know what to inform the members and so was silent. Kindly inform what should be published in www.qpmpa.org and at least a few members will be visiting QPMPA site to know more. I know that comments hereafter will be subjudice and so decided to be silent.
Thanks for the message.
Regards, Kishore
A>K — dtd. 9.6.2010:-
Dear Dr Kishore
Thanks for the reply
1. IMA’s and QPMPA’s SLPs were taken up 08/06/10 and the cases have been posted after two weeks to examine the affidavit and counter affidavits in the High court.
2. Whatever discussion that took place between the advocates on 07/06/10 was outside the court. They had discussed the merits and demerits of bringing the issue before the vacation judge.
3. Our views are complimentary and we fight together. Obiviously IMA’s views are through the prism of medical profession. We are keen on protecting schedule k section 5 of Drugs and Cosmetics Act which exempts registered medical practitioners.
4. On IMA’s intervention Government of Kerala has given a respite till 31.07.10.
5. We have asked Government of Kerala for their perspective on schedule K section 5 and issue clarification in writing.
6. QPMPA necessarily has to look at this issue from the point of view of hospitals. We represent two ends of the same spectrum
7. The advocates will do their respective brief. They will not cross each other.
8. Keep on sharing information so that we coordinate.
With warm regards
K>A — dtd. 9.6.2010:-
Dear Dr Ashok,
Thank you for the prompt reply.
Happy to note that our advocates are acting together and they discussed the merits and demerits of the issue involved and that of bringing it in the vacation judge. Is there any harm if it is presented before the vacation judge?
Happy to note that the good work of the IMA has reduced the damage to the private hospitals and they will be free till 31 July and will get medicines freely. That may be the reason why QPMPA members are not calling me now-a-days. Thank you for that service.
I will post this information in our website and hope our members will be happy.
Keep in touch. Thanks once again.
Dear Dr Kishore
Your letter was fair and straight. There is no harm in bringing it before the vacation judge. They are only two perspectives, and has to be addressed as individual opinions. We are continuing our pressure on the Government to give guidelines on schedule K section 5 .Let us see what comes out of it. IMA’s outlook is to protect this section and if possible to enlarge it.
With warm regards
A>K — Letter dated 30 June 2010 in response to the mails to QPMPA Members informing the Court orders dated 28 June 2010.
The Court order on 28.6.2010:
O R D E R
Learned counsel appearing for the petitioners prays for time on the ground that the matter is likely to be settled amicably between the parties.List these matters after four weeks.
Dear Dr Kishore Kumar
I kindly request you to cross check facts, add our side and then go to town.
1) IMA’s stand in the drug license issue is about the right of the medical profession as enunciated in section 5 of schedule k.
2) IMA has entered into negotiations with Government of Kerala and are reasonably satisfied with the outcome. This is a major break through for the medical profession,
3) I am forwarding a copy of the minutes of the meeting with the Government
4) I understand QPMPA’s case is different and has to continue to fight.
5) Thanks to IMA’s successful negotiations. Institutions run by doctors even as husband and wife team as part of their clinical practice will not need drug license and need not employ a pharmacist for dispensing.
Regards
Asokan
For more:
http://www.qpmpa.org/news-and-events/9-drug-licence-case/35-ima-vs-qpmpa--part-1--the-kickoff.html
http://www.qpmpa.org/news-and-events/9-drug-licence-case/37-ima-vs-qpmpa-part-3-minutes.html