Cough Syrup Case: SC Rejects PIL Seeking CBI Probe Into Children’s Death In MP, Rajasthan

The Supreme Court on Friday dismissed a PIL that sought a CBI probe into the deaths of several children in Madhya Pradesh and Rajasthan, allegedly caused by consuming contaminated cough syrup.

A bench led by Chief Justice of India B.R. Gavai declined to entertain the plea after a brief hearing.

The petition, filed by advocate Vishal Tiwari, urged the court to direct a CBI investigation and the formation of a judicial commission to examine regulatory failures that led to the circulation of toxic cough syrups.

Tiwari argued that the deaths reflected a recurring pattern of negligence and lack of regulation in India’s pharmaceutical sector. “This is not the first instance of adulterated medicines killing children. States are blaming each other, so a probe by one central agency is necessary,” he submitted.

He also alleged that no proper laboratory testing or clinical trials were conducted before the sale of the cough syrup, identified as Coldrif, reportedly manufactured by Tamil Nadu-based M/s Sresan Pharma Pvt. Ltd.

Court Questions Petitioner’s Frequent PILs

During the hearing, Solicitor General Tushar Mehta informed the bench that the concerned state governments — including Tamil Nadu and Madhya Pradesh — were already taking appropriate steps in the matter. “We can not trust the states. Of course, they will take steps,” Mehta remarked in response to Tiwari’s repeated insistence for a CBI probe.

The CJI then questioned the petitioner about the number of PILs he had filed so far. When Tiwari replied that he had filed 8 to 10 PILs, the bench decided to dismiss his plea, observing that existing mechanisms were adequate to handle the issue.

PIL Sought Monitoring By Retired SC Judge

The petition had sought the appointment of a National Judicial Commission or Expert Committee headed by a retired Supreme Court judge to monitor a nationwide inquiry into the manufacture, testing, and distribution of cough syrups containing Diethylene Glycol and Ethylene Glycol—toxic chemicals previously linked to child fatalities in India and abroad.

It requested that all pending FIRs and investigations related to child deaths from poisonous cough syrups be transferred to the CBI under the supervision of a retired Supreme Court judge to ensure a coordinated and impartial probe.

Call For Nationwide Drug Safety Review

The plea further urged the Centre to immediately recall, seize, and prohibit the sale of all batches of Coldrif Cough Syrup and other products manufactured by Sresan Pharma, pending toxicological testing by NABL-accredited laboratories.

It also sought directions for the government to conduct mandatory nationwide testing of all syrup-based medicines for DEG & EG contamination and to publish the results publicly for transparency.

Additionally, the PIL called for the suspension or cancellation of manufacturing licences of pharmaceutical companies found responsible for producing or distributing contaminated formulations, along with criminal prosecution of those involved in the deaths.

Background

Reports have indicated that several children in Madhya Pradesh and Rajasthan died after consuming Coldrif Cough Syrup. The formulation allegedly contained toxic compounds similar to those responsible for earlier tragedies in Gambia & Uzbekistan.

Despite the petitioner’s plea for central intervention, the court chose not to interfere, leaving the investigation to state authorities.

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