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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Vivek Aggarwal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. request for policies on covid-19 management. (Para 1) |
| 2. reference to related pending litigation. (Para 2) |
| 3. liberty granted to file in related case. (Para 3 , 4) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
1. This writ petition has been preferred with the following prayers:
"A. Issue a writ of mandamus or order or direction in the nature thereof to formulate and implement a policy and procedure for the admission of Covid-19 patients to private hospitals.
B. Issue a writ of mandamus or order or direction in the nature thereof, directing the respondents to either comply with the order no. 52/DGHS/PH-IV/COVID-19/2020/prsecyhfw/14450-14649 dated 20.06.2020 issued by the Health and Family Welfare Department, Government of National Capital Territory of Delhi or formulate a fresh policy of price regulating the cost of admission and treatment of Covid-19 patients in private hospitals and further direct the private hospitals to publish the regulated rates online and in prominent places inside the said hospitals, and pass further directions for taking strict actions against the hospitals who do not comply the said
The court opined that to prevent multiplicity of litigation, a writ petitioner may file an application in an existing case involving similar issues.
The court emphasized the necessity of efficient drug distribution, transparency in hospital admission reporting, and timely insurance processing to ensure patient care during the COVID-19 pandemic.
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 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.
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....
The court mandated that the immediate availability of essential drugs like Remdesivir must be ensured during public health emergencies, stressing the need for systemic improvements in drug allocation....
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 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 als....
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