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
| 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
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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