The Supreme Court has asked pharmaceutical company F. Hoffmann-La Roche Ltd. to clarify whether the medicine Risdiplam, used to treat the rare disorder Spinal Muscular Atrophy (SMA), can be made available at a lower price in India, especially since it is reportedly sold at reduced rates in neighboring countries like Pakistan and China.

A bench led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan issued a notice to the drug manufacturer, seeking information on the price of the medicine in those countries. The court said it would like to know if similar pricing could be extended to India as well.

The issue came up during a hearing on a plea filed on behalf of a 24-year-old woman, Seba, who is suffering from SMA Type III. Her counsel, senior advocate Anand Grover, informed the court that the drug is sold at a significantly lower price in Pakistan and China due to government intervention. He urged that the Indian government should also explore negotiating similar terms with the manufacturer to ensure affordable access for Indian patients.

“Given the nature of the issue, we deem it appropriate to issue notice to M/s. F. Hoffmann-La Roche Ltd.,” the bench said. “This Court shall be informed, on the next date of hearing, the price fixed for the said drug in neighbouring countries. If it is found to be lower than in India, the Court shall also be informed whether the drug can be made available at the same rate in India.”

The matter will be next heard on April 8. The Court also said that its interim order from February 24 will remain in force till then.

On February 24, the apex court had stayed a Kerala High Court order that directed the Centre to provide an additional ₹18 lakh worth of medicines to Seba, on top of the ₹50 lakh already allocated under an existing central scheme. The Centre has challenged this directive before the top court.

While staying the High Court’s order, the bench said the government could still consider the woman’s request for financial assistance as permitted by law. It also encouraged both Seba and the Union government to reach out to the companies manufacturing Risdiplam to explore the possibility of securing the drug at concessional rates.

“It will also be open to the petitioner to send a copy of this order to the concerned drug companies along with a request to supply the medicines at a lower price,” the court had said.