Rs 1.9 crore pharma freebies case: Gujarat Medical Council moves HC against stay on 3 dermatologists' suspension
Ahmedabad: Seeking to lift the stay on the suspension order against three dermatologists accused in the Rs 1.9 Crore Pharma Freebies case, the Gujarat Medical Council (GMC) has now approached the Gujarat High Court.
Earlier, taking action in the matter, the Gujarat Medical Council suspended the medical registrations of three dermatologists from the State for 13 months (from Aug 30, 2026 to Sept 29, 2027) for their alleged misconduct in this connection. Among these three dermatologists, two doctors are from Surat, and one hails from Ahmedabad,
Challenging the council's order, the three dermatologists moved the Gujarat High Court and argued that they had travelled abroad to attend training sessions on anti-ageing treatment organised by a multinational company and not for promotional activities. They alleged that the corporate rivalry was the reason that might have prompted an anonymous complaint before the NMC. They had argued that as per Rule 79(3), GMC cannot entertain an anonymous complaint.
The Gujarat High Court stayed the disciplinary action and granted interim relief to the doctors until further orders and suspended the order by the Gujarat Medical Council against the three dermatologists. The Court had stayed the GMC's order ex parte.
According to a TOI report, the Gujarat medical council has now filed an application seeking to vacate the stay. The Council submitted that the anonymous complaint was made to a Government department and not to the medical council, which only investigated the matter on the National Medical Commission's order. The Medical Council submitted that the doctors have the option of approaching the Ethics and Medical Registration Board (EMRB) of NMC against the council decision.
On the other hand, the counsel for the doctors submitted that it was the EMRB that had ordered the state medical council to conduct the proceedings.
Why were these doctors facing Disciplinary Proceedings?
These three dermatologists are among the 30 doctors accused in the Rs 1.9 crore pharma-freebies case. Medical Dialogues had earlier reported that the Department of Pharmaceuticals (DoP) had last year received a complaint stating that the pharma company AbbVie provided travel tickets and hotel accommodations for extravagant pleasure trips under the guise of conferences (Aesthetics 86 Anti-Aging Medicine World Congress 2024), which took place from February 1 to 3, 2024, and from March 26 to 29, 2024, in Monaco and Paris, respectively, for 30 doctors connected to the medical aesthetics/anti-ageing products (Botox and Juvederm).
The total expense was reported to be Rs 1.91 crore, covering flights and hotel stays. Later, while investigating the issue, the Special Audit Committee of DoP found these allegations to be true.
Earlier, the DoP Committee reprimanded AbbVie Healthcare and requested that the Central Board of Direct Taxes (CBDT) evaluate M/S's tax liability. AbbVie Healthcare India Pvt Ltd, along with 30 HCPs, to take action in accordance with the provisions of the Income Tax Act, 1961, read with the subordinate circulars issued in this regard.
Apart from this, the Committee had also asked NMC to take action against the 30 offending doctors as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
Even though a total of 30 doctors were found guilty, the Government had sent 27 names to the National Medical Commission (NMC) for taking action. Out of these 27 doctors, a total of 11 doctors are from Maharashtra, three each are from Gujarat and Telangana, two each from Punjab, Karnataka, West Bengal, and Delhi, and one each from Assam and Kerala.
The State Medical Councils of these nine States were sent the names of these doctors on December 15, 2025, for holding an enquiry and "award such punishment as deemed necessary".
On May 26, the Ethics and Medical Registration Board (EMRB) of the Apex Medical Commission sent a reminder in this regard to the State Medical Councils of Assam, Delhi, Karnataka, Kerala, Telangana, and West Bengal.
Delhi HC Stay:
Recently, the Delhi High Court stayed the disciplinary proceedings initiated against these 30 doctors, who were named accused in the Rs 1.9 Crore Pharma Freebies case.
While considering the plea filed by the doctors who had challenged the December 23, 2024 order of the Apex Committee on pharma marketing practices, the HC bench comprising Justice Swaran Kanta Sharma observed that the petitioner doctors had established a prima facie case for grant of interim relief.
The HC bench observed that it is a significant legal question whether such a complaint can be acted upon solely based on the seriousness of the allegations when the UCPMP 2024 itself prohibits anonymous complaints. Further, the bench observed that no one has yet appeared on behalf of the respondents.
"In these circumstances, the petitioners have established a case for grant of interim protection," observed the bench.
