Court emphasizes urgency and coordinated efforts to ensure availability of critical medicine for COVID-19 patients while addressing broader supply chain issues.

Headnote:(A) Drugs and Cosmetics Act, 1940 - Urgent supply of Tocilizumab injection - Directions issued for supply to COVID-19 patients in hospitals - The Court assured efforts will be made for immediate availability after a petition was filed for a COVID-19 patient’s urgent needs. (Paras 2-4)

(B) Public Health - Availability of essential medicine during public health crisis - The Court emphasized the need for logistical planning and demand assessment for critical drugs during emergencies, including paperwork for patents. (Paras 9-18)

(C) Procedures and Orders - The need for high-level coordination among government health departments to ensure drug supply for medical establishments highlighted. The Court ordered further meetings to facilitate drug distribution efficiently to patients. (Paras 9, 19, 20)

Table of Content
1. urgent supply of tocilizumab for covid-19 patient (Para 2 , 4)
2. court assurance for drug distribution efforts (Para 3 , 8 , 9)
3. consideration for additional patient requiring tocilizumab (Para 5 , 6)
4. clarification on tocilizumab stock status (Para 10 , 11 , 12)
5. discussion on manufacturing and import issues (Para 13 , 14)
6. court observations on patent rights and responsibilities (Para 15 , 16 , 17)
7. foundational court directions for addressing drug distribution (Para 18)
8. conclusion and scheduling of subsequent hearings (Para 19 , 20 , 21)

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. The present petition has been filed by the brother of Shri Sudhir Kumar Agarwal, who is a COVID-19 patient (hereinafter, "patient"), and is currently admitted in Malik Radix Health Care Hospital, Nirman Vihar, New Delhi. The prayer in the petition is to issue directions to the Respondents in the petition, to urgently supply the Tocilizumab injection - Actemra 400 mg to the said hospital, so that the same can be administered to the patient urgently.

3. The matter was taken up, on an urgent basis, yesterday, and this court was assured by the ld. Counsels appearing for the GNCTD and UOI, that they would make efforts through their good offices to provide the required dose of the Tocilizumab injection - Actemra 400 mg to the Petitioner's brother/patient.

4. Today, Mr. Kunal Tandon, ld. Counsel for the Petitioner, has informed this court that the said dose of Tocilizumab has been made available for the Petitioner's brother and has been administered to him.

5. He further submits that today, he has filed a fresh affidavit seeking similar relief, on behalf of one Ms. Preeti Aggarwal who has approached the court on behalf of her mother - Smt. Kamlesh Gupta. As per the said affidavit, the patient - Smt. Kamlesh Gupta is admitted at the Rajiv Gandhi Cancer Institute and Research Centre, and was diagnosed with COVID-19 on 17th April 2021. The doctors at the said hospital are stated to have prescribed Tocilizumab to Smt. Kamlesh Gupta on 4th May 2021. However, despite repeated efforts, the patient and the family have been unable to arrange for the same.

6. It is therefore submitted by Mr. Tandon, ld. Counsel, that the case of the said Applicant may also be considered for supply of Tocilizumab.

7. As far as the case of Smt. Kamlesh Gupta, the patient, is concerned, this Court has perused the prescription issued by Dr. Dinesh Bhurani, from the Rajiv Gandhi Cancer Institute and Research Centre. As per the said prescription, the said patient requires one vial of the drug-Tocilizumab 400 mg. For the reasons stated in the affidavit, Smt. Kamlesh Gupta is impleaded as Petitioner No.2 in the present case.

8. Ld. Counsels for the Union of India and GNCTD assure this court that they will make efforts through their good offices, to make the required dose of Tocilizumab 400 mg available to Mrs. Kamlesh Gupta, the patient, through her daughter - Ms. Preeti Aggarwal (Mob. 9818104970, 9810064376), who has joined the video-conferencing proceedings today.

9. In respect of the broader issue concerning the supply and availability of the drug Tocilizumab 400 mg, especially for patients in Delhi, this court had issued the following directions yesterday i.e., vide order dated 5th May 2021:

"i. The Union of India to inform this Court, on the next date of hearing, as to how much further stock of Tocilizumab is available for distribution to the hospitals/medical establishments in Delhi.

ii. The UOI to also place on record the details of entities to whom approvals have been granted of Tocilizumab for manufacturing, marketing, importing or selling in India.

iii. Qua the 500 vials of Tocilizumab, which were already allocated to the GNCTD by the Union of India, the GNCTD to inform this Court as to how much of the said stock has been consumed, and if any of the said stock is currently av