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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Vivek Aggarwal - Appellant
Versus
Union of India - Respondent
W.P.(C) 5099 of 2021
Decided On : 31-05-2021




The court opined that to prevent multiplicity of litigation, a writ petitioner may file an application in an existing case involving similar issues.

Headnote:(A) Constitutional Law - Writ jurisdiction - The petitioner sought to mandate formulation and implementation of admission policies for Covid-19 patients, regulate drug pricing and establish compliance committees. (Paras 1, 3)

(B) Multiplicity of litigation - The court noted there is a similar matter pending and allowed the petitioner to lodge their application within that context. (Paras 2, 4)

Facts of the case:
The petition involves various prayers regarding the admission policy and pricing of Covid-19 treatments in private hospitals, addressing public health concerns amidst the pandemic.

Findings of Court:
The petition was disposed of with liberty granted to file in the pending writ to avoid unnecessary litigation.

Issues: The primary issue was addressing the necessity of structured policies and actions during the pandemic.

Ratio Decidendi: The court emphasized avoiding duplicative legal proceedings by permitting the petitioner to join existing litigation.

Result: Petition disposed of.

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 price regulations.

    C. Issue order or direction to establish a committee headed by a retired judge of the High Court of Delhi to keep a check on admissions of Covid-19 patients and implementation of admission policy and further direct the said committee to conduct regular audits to ensure compliance of the admissions policy and penalize defaulting private hospitals.

    D. Issue a writ of mandamus or order or direction in the nature thereof, directing the respondents to create and implement a policy to establish a supply chain of the drug Remdesivir and drug Tocilizumab directly to hospitals only on the price cap/regulated price of the drug Remdesivir and drug Tocilizumab respectively as and when fixed by the Union of India (respondent no.1) and further restrain the respondents from supplying the drug Remdesivir and drug Tocilizumab to private physicians, pharmacists, chemists, entities and other bodies who are black marketing the said medicines.

    E. Issue orders or directions to establish a committee headed by a retired judge of the High Court of Delhi to keep a check on the production, supply and usage of drug Remdesivir and drug Tocilizumab in hospitals and create a database thereof and conduct regular audits to ensure requisite supply is provided to the hospitals in need.

    F. Issue a writ of mandamus or order or direction in the nature thereof, directing the respondents to appoint nodal officers in hospitals to look into the sale of drug Remdesivir and Tocilizumab at the regulated price decided by the Government in consultation with the respective hospital administration and establish an online portal which is updated hourly to track the availability and usage of the drug Remdesivir and drug Tocilizumab in respective hospitals and in every district.

    G. Issue a writ of mandamus or order or direction in the nature thereof, directing the respondents to establish 24*7 national, state and local helplines to address the enquiries regarding the availability of the drug Remdesivir and drug Tocilizumab and further set up centralized control rooms at district level to provide information on the availability of the drug Remdesivir, drug Tocilizumab, and availability of beds.

    H. Issue a writ of mandamus or order or direction in the nature thereof directing the respondents to regulate the price of oxygen cylinders and concentrators and further regulate the price for refilling the oxygen cylinders and concentrators.

    I. Issue a writ of mandamus or order or direction in the nature thereof directing a thorough investigation by a duly formed Special Investigation Team (SIT) to look into the sale of the drug Remdesivir and drug Tocilizumab, sale of oxygen cylinders, concentrators, allotment of beds in hospitals for money.

    J. Issue or pass any writ, direction or order, whi

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