The Supreme Court on Friday initiated a suo motu case after expressing concern over prolonged delays in court proceedings involving access to life-saving medicines. Observing that such disputes directly affect the constitutional right to life under Article 21, the Court said these matters deserve prompt judicial consideration.
A Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana issued notice in the matter and asked the Kerala High Court to expedite a pending case that has remained unresolved for years.
Background of the Case
The proceedings were triggered after the Supreme Court received a representation highlighting the delay in deciding a writ petition before the Kerala High Court concerning access to costly patented medicines used in the treatment of breast cancer.
The representation stated that the original petitioner died while the case was still awaiting a final decision. Even after the High Court converted the matter into a suo motu public interest proceeding because of its wider public significance, the litigation continued without final adjudication despite being listed repeatedly.
The pending case concerns issues relating to the affordability of patented medicines, including Ribociclib and Abemaciclib, for patients requiring long-term treatment.
Court's Observations
During the hearing, the Bench noted that cases involving life, health and personal liberty cannot remain pending for extended periods.
Chief Justice Surya Kant remarked,
“Initially I was reluctant to take suo motu. I thought, let the High Court take a view. But ultimately it was pointed out that the matter is not being decided.”
The Court also observed that the issue may require a broader institutional response instead of being viewed only as an individual dispute. It indicated that guidelines ensuring faster disposal of such cases across courts could be considered.
Senior Advocate Anand Grover, who sought permission to assist the Court, submitted that many modern life-saving medicines remain protected by patents and are beyond the financial reach of numerous patients. He also referred to the legal mechanism of compulsory licensing available under the Patents Act.
Court's Decision
After hearing the parties, the Supreme Court registered the suo motu proceedings and issued notice. The Bench permitted intervention in the matter and requested the Chief Justice of the Kerala High Court to ensure the early disposal of Writ Petition (Civil) No. 18999 of 2022.
The matter has been registered as In Re: Access to Life-Saving Medicines and Judicial Expediency in Article 21 Matters before the Supreme Court.
Case Details
Case Title: In Re: Access to Life-Saving Medicines and Judicial Expediency in Article 21 Matters
Case Number: Suo Motu Writ Petition (Civil) No. 19/2026
Judge: Chief Justice Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana
Decision Date: 17 July 2026
