DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
Kush Sharma – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's requests under the drugs and cosmetics act. (Para 1) |
| 2. submission regarding existing proceedings on similar issues. (Para 2) |
| 3. petition disposed with liberty for intervention. (Para 3) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
C.M.No.15402/2021 (exemptions) & 15403/2021(permission to file lengthy synopsis and list of dates)
For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed subject to just exceptions. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.
The application is disposed of.
W.P.(C) No.5027/2021
1. This public interest litigation has been preferred with the following prayers:
"a) Issue a writ of mandamus directing the Respondent to issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to oversee and ensure maintenance of records of sale and distribution of Covid-19 management drugs and equipment such
The court determined that existing proceedings in a related case should be addressed instead of duplicating litigation in public interest concerning Covid-19 management drug regulation.
The court opined that to prevent multiplicity of litigation, a writ petitioner may file an application in an existing case involving similar issues.
The main legal point established is the need for immediate availability of essential drugs, such as Tocilizumab, for critically ill COVID-19 patients and the provisions of the Patents Act allowing fo....
During a national emergency, the government can exercise powers under the Patents Act to ensure the availability of essential drugs, emphasizing public health needs amid a pandemic.
Public Interest Litigation requires specific violations to be actionable; existing laws already address grievances.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
Power of Police officer can Seize any property without FIR - Covid-19 treatment related equipment from various sources and supply/ sold to highest price - Section 156 Cr P C, under Section 102 Cr P C....
The court ruled that patients with COVID-19 symptoms must be admitted without RT-PCR test results, emphasizing the importance of following health directives and improving testing infrastructure.
Covid -19 – Second wave – Directions issued to State and Central Government to make available Remdesivir, Oxygen and''RT-PCR'' and "Rapid Antigen" tests' - Every legal right has a corresponding legal....
Urgent assessment and supply of essential drugs in public health emergencies.
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