Point of Law: COVID-19 pandemic - frustration and harassment due to non-availability of Remdesivir, which is a prescribed drug for COVID-19 patients - Nodal Officer of GNCTD, who is dealing with Remdesivir, as also officers from the remaining authorities who are familiar with facts, shall join proceedings on next date to assist court.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through video conferencing.

2. The present petition is a loud cry by an advocate practising in Delhi who is suffering from COVID-19 for being provided with Remdesivir injection which has been prescribed to him.

3. The Petitioner was detected with COVID-19 on 13th April, 2021. Since the Petitioner’s condition was not improving in home isolation, he was admitted to Rescue Hospital, Dwarka, New Delhi. He got his CT scan conducted and was found to also be suffering from pneumonia. On 21st April, 2021, the Petitioner was prescribed Remdesivir injection (100 mg) to be given in six doses. Six valuable days have already passed by. The Petitioner has been able to arrange three doses from outside market sources and today, ld. Counsel for the Petitioner submits that he requires three more vials for his treatment.

4. It is a matter of which judicial notice can be taken that in the last ten to fourteen days, the citizenry in Delhi has been facing acute frustration and harassment due to the non-availability of Remdesivir, which is a prescribed drug for COVID-19 patients. Thousands of relatives have been racing against time trying to arrange Remdesivir for their near and dear ones.

5. Mr. Anuj Aggarwal, ld. Counsel appears for the GNCTD and submits that an endeavour would be made to make the three vials required by the Petitioner available to him today itself.

6. In the morning, when the matter was listed, on the oral prayer of ld. Counsel for the Petitioner, the Union of India through the Secretary, Department of Pharmaceuticals, as also the Secretary, Ministry of Health and Family Welfare were impleaded as Respondent No. 2 and 3. The Drugs Controller General of India was also impleaded as Respondent No. 4. Mr. Amit Mahajan, ld. CGSC and Mr. Jivesh Tiwari, ld. Counsel appeared for the Union of India and accepted notice.

7. Mr. K.R. Chawla, Assistant Drug Controller, joined the proceedings and informed the Court that there are seven companies manufacturing Remdesivir in India. During the period from January, 2021 to March, 2021, owing to the low level of patients who required the drug, a large quantity of the drug was not being utilized. However, the sudden second wave in the last week of March-April, 2021 has led to an acute shortage of the drug. Mr. Chawla also submitted that production has been considerably ramped up now and the drug is being allocated to various States and Union Territories for distribution. Letter dated 24th April, 2021 of the Director, Ministry of Health and Family Welfare and the Joint Secretary, Department of Pharmaceuticals is placed on record to confirm this position. Mr. Aggarwal, ld. Counsel appearing for the GNCTD submits that since Delhi has no production unit, it has to only go by the allocations which have been made for Delhi. Mr. Aggarwal submits that for Delhi, 72,000 units have been allocated on 24th April 2021, to be supplied till 30th April, 2021. The requisition for 72,000 vials is stated to have been placed on 25th April, 2021. Till date only 2,500 vials have been received.

8. In the post-lunch session, Mr. Ved Prakash Mishra, Director, Department of Pharmaceuticals joined the proceedings. On a query from the Court as to whether there has been any change in the direction for administration of Remdesivir, he pleads ignorance and states that the said fact would be within the knowledge of the Ministry of Health and Family Welfare.

9. In the present petition, the Petitioner seeks direction for supply of Remdisivir injections. Considering the thousands of patients who may need the said drug, this Court is of the opinion that the availability of the drug in Delhi ought to be looked at holistically in order to avoid future filing of multiple writ petitions by those who need the same. The statistics mentioned above clearly show that considering the number of cases of COVID-19 in Delhi on a daily basis, the shortage of Remdesivir is acute. Moreover, since obt