The Supreme Court on Thursday opined that execution of Letters Rogatory - a request from a foreign court for judicial assistance - cannot come at the cost of India’s sovereignty. .A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing an appeal arising from the Madras High Court’s refusal to execute Letters Rogatory issued by a United States court in a patent infringement dispute involving Pfizer and Chennai-based Softgel Healthcare.The Court made it clear that the issue went beyond the facts of the present case and required a definitive pronouncement of law.Hence, it proceeded to issue notice to Softgel on Pfizer's appeal. “We will not compromise with the sovereignty of this nation. That is why we are issuing notice to settle the law,” the Chief Justice said..The Court also asked whether reciprocity was being followed when Indian companies approach foreign courts. “Tell us when an Indian company goes there, they get all that they are seeking. Let Union (government) be also here (as party). This is a question of sanctity of sovereignty. We are issuing notice for a complete different purpose,” the Chief Justice observed..The Bench emphasised that while comity of courts is a principle Indian courts follow, it cannot operate uniformly across jurisdictions. “Reciprocity is fine, but you have to show us that such requests from us we were honoured. In India we follow it, because we believe in comity of courts,” the CJI said..The appeal arose from a November 2025 judgment of the Madras High Court which set aside a single-judge’s order to execute the Letters Rogatory issued by the Delaware court.The Letters Rogatory was sought in a patent infringement action relating to Pfizer’s drug Vyndamax (tafamidis) and required Softgel Healthcare to produce documents as part of pre-trial discovery.The Division Bench held that Indian courts could not extend judicial assistance for foreign pre-trial discovery that was vague, overly broad or inconsistent with the safeguards under the Hague Evidence Convention. It observed that the Convention does not contemplate expansive discovery of the kind permitted under US civil procedure and that Indian courts must remain conscious of sovereignty and domestic procedural law.Pfizer has now challenged that ruling before the Supreme Court, contending that denial of assistance would prejudice the pending proceedings in the United States..Senior Advocate Amit Sibal, appearing for Pfizer, pointed out that proceedings before the US District Court for the District of Delaware were scheduled to commence in April.“But the Delaware court proceeding is to start in April,” Sibal submitted.In response, the Chief Justice said,“Let the counter be filed.”The Supreme Court accordingly issued notice to Softgel Healthcare and directed the filing of a counter affidavit, though for the purpose of settling the law as regards execution of Letters Rogatory..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
