The controversial Immuno-QR drug, which has been globally marketed by the Fair Pharma proprietor, T. A. Majeed, for years as an AIDS cure, has been banned by a Division Bench of the Kerala High Court.
Acting on a public interest petition, the court restrained Majeed from manufacturing and marketing the drug, which was being touted as a 'magic cure' for the dreaded AIDS/HIV.
The Bench comprising Chief Justice B.N. Srikrishna and Justice M. Ramachandran also prohibited Majeed from inserting advertisements, including those on the Internet to solicit customers.
The court also vacated the court's interim order suspending the State Drug Controller and Licencing Authority's order cancelling Majeed's licence for manufacturing the drug.
The interim order resulted from the public interest writ petition filed by the People's Union for Civil Liberties, Kerala unit.
The Bench issued urgent notices to the Director, National Institute of Virology; the Director, and the Centre for Advanced Research in Virology; the Christian Medical College, Vellore; the National Aids Control Organisation, New Delhi; the Kerala State AIDS Control Society; and the Director, CBI.
The petition pleaded that the proprietor be allowed to manufacture or sell any patent of drugs, including Ayurveda, only after the drugs had been clinically tested and tried under the supervision of National Institute for Communicable Diseases and the Centre for Advanced Research in Virology, the Christian Medical College, Vellore.
The inaction of the state government and others had resulted in the illegal activities of Majeed in the name of curing AIDS, the petitioners submitted.
Majeed's licence was for manufacturing a drug developed by him for treating general weakness and fever. However, he claimed that it could be used for curing AIDS.
In the light of the specific provisions in the Drugs and Cosmetic Act, the manufacture and sale of any drug or treatment of AIDS or mental retardation was without any valid licence and without authority, said the petition.
It submitted that Majeed could not manufacture any drug in view of the provisions in the Indian Medical Council Act. He also did not have any qualifications specified in the act, said the petition seeking to prevent him from prescribing any drugs to patients.
Majeed has been marketing Immuno-QR as a wonder drug for the deadly disease since 1989 with wide publicity.
On a petition filed by the Maharashtra Network for Positive People, an organisation of AIDS patients, the Mumbai High Court had banned advertisements for the sale of the drug and other promotional activities last year.
But Majeed continued such promotional activities. The latest petition included copies of such advertisements, flouting the court ruling.
Kerala High Court bars magic cure for AIDS
The controversial Immuno-QR drug, which has been globally marketed by the Fair Pharma proprietor, T. A. Majeed, for years as an AIDS cure, has been banned by a Division Bench of the Kerala High Court.