HC directs atomic energy panel to allow radioisotope procurement by SKIMS

The High Court has directed chairman Atomic Energy Regulatory Board, Mumbai, and the head of its Radiology Safety Division, to issue fresh permission to the Sher-e-Kashmir Institute of Medical Sciences Srinagar for procuring radioisotope for under-treatment cancer patients at the hospital. 

After the AERB withheld the permission for procurement of the life saving nuclear medicine in November this year, the SKIMS filed an application in the court through additional advocate general Shah Aamir for appropriate directions.  

   

Referring to its order of 27 December 2017, a bench of Justice Ali Muhammad Magrey ordered both the chairman AERB and head of its Radio Safety Division not to interrupt the supply of the medicine.

In response to the submissions by TM Shams, assistant solicitor general of India, that SKIMS has not fulfilled all the requirements for renewal of radioisotope after complying with the regulatory requirements, the court said the order of December 27, as on date, is in force and “there is no reason or justification for the respondents to withhold the permission which has the effect of proving fatal for the under-treatment cancer patients.”

While issuing the notice to chairman AERB and Radio Safety Division seeking reply to the application by the director SKIMS, the court directed them to issue renewed permission in favour of the SKIMS to enable it to procure the medicine.

Advocate Aamir submitted that order by AERB has caused great inconvenience  for the institute to supply the medicine to the patients. He submitted that the AERB, in terms of order of 27 December 2017, had allowed the SKIMS to procure radioisotope for cancer patients but through a communication on 29 November this year withheld the permission, which has caused great inconvenience  for the institute.

He submitted that the application has been filed by the director SKIMS for continuing the permission already issued to the Department of Nuclear Medicine Department, SKIMS, under Section 16 and 17 of the Atomic Energy Act, 1962, read with Rule 3 of the Atomic Energy (Radiation Protection) Rules, 2004, so that the department was able to procure the supply from BRIT and other sources in time.

“Otherwise, interruption in procurement or supply of medicine may prove fatal for patients, especially cancer patients who are already under treatment,” he said.

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