The Supreme Court said execution of Letters Rogatory from foreign courts cannot override India’s sovereignty while hearing Pfizer’s appeal in a patent dispute with Softgel Healthcare. Issuing notice to Softgel, the Court said it will settle the law on judicial assistance, reciprocity, and comity of courts.
New Delhi: The Supreme Court of India on Thursday made it clear that executing Letters Rogatory, which are requests sent by foreign courts seeking judicial assistance, cannot be done at the cost of India’s sovereignty. The Court strongly underlined that while India respects international cooperation between courts, such cooperation cannot override the country’s legal independence and constitutional values.
A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing an appeal filed by Pfizer against a decision of the Madras High Court. The High Court had earlier refused to execute Letters Rogatory issued by a United States court in a patent infringement dispute involving Pfizer and Chennai-based Softgel Healthcare.
During the hearing, the Supreme Court clarified that the matter was not limited to the dispute between the parties. Instead, it raised a much larger legal question that required the Court to lay down clear principles for future cases. As a result, the Bench issued notice to Softgel Healthcare on Pfizer’s appeal.
The Chief Justice said,
“We will not compromise with the sovereignty of this nation. That is why we are issuing notice to settle the law,”
The Court further questioned whether the principle of reciprocity was actually being followed by foreign courts when Indian companies approach them for similar assistance. The Bench indicated that this aspect needed serious examination before Indian courts could be expected to routinely execute such foreign requests.
The Chief Justice observed,
“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 Bench explained that although Indian courts do recognise and respect the principle of comity of courts, this principle cannot be applied mechanically or uniformly across all jurisdictions.
The Court stressed that international cooperation must be balanced against national interest and domestic legal safeguards.
The CJI said,
“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 appeal before the Supreme Court arises from a judgment delivered in November 2025 by a Division Bench of the Madras High Court. That judgment had set aside an earlier order passed by a single judge directing execution of the Letters Rogatory issued by a court in Delaware, United States.
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The Letters Rogatory were sought in connection with a patent infringement lawsuit relating to Pfizer’s drug Vyndamax (tafamidis). Under the request, Softgel Healthcare was required to produce documents as part of pre-trial discovery in the US proceedings.
However, the Division Bench of the Madras High Court held that Indian courts could not provide judicial assistance for foreign pre-trial discovery if such requests were vague, excessively broad, or contrary to Indian procedural safeguards.
The High Court observed that the Hague Evidence Convention does not allow the kind of wide-ranging discovery commonly permitted under United States civil procedure. It further emphasised that Indian courts must always remain conscious of India’s sovereignty and domestic procedural law while dealing with such requests.
Challenging this ruling, Pfizer approached the Supreme Court and argued that refusal to execute the Letters Rogatory would seriously prejudice the ongoing proceedings in the United States. Senior Advocate Amit Sibal, appearing for Pfizer, informed the Court that the trial before the US District Court for the District of Delaware was scheduled to begin soon.
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Sibal submitted,
“But the Delaware court proceeding is to start in April,”
Responding to this submission, the Chief Justice made it clear that the Court would first examine the legal issues involved and hear the response of the opposite party.
“Let the counter be filed.”
Accordingly, the Supreme Court issued notice to Softgel Healthcare and directed it to file a counter affidavit. The Court clarified that the notice was issued primarily to settle the legal position regarding execution of Letters Rogatory, particularly in cases involving foreign pre-trial discovery, sovereignty concerns, and the requirement of reciprocity between nations.
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