Delhi High Court
Vivek Aggarwal vs Union Of India & Ors. on 31 May, 2021
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31st May, 2021
+ W.P.(C) 5099/2021
VIVEK AGGARWAL ..... Petitioner
Through Petitioner in person
versus
UNION OF INDIA & ORS. ..... Respondent
Through Mr. Chetan Sharma, Ld. ASG with
Mr. Amit Mahajan, CGSC with
Mr. Gitesh Chopra, Mr. Vinay Yadav,
Mr. Akshay Gadeock,
Mr. Amit Gupta & Mr. Sahaj Garg,
Advocates for R-1
Mr. Gautam Narayan, ASC with
Ms. Asmita Singh, Advocate
for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
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
Signature Not Verified
Digitally Signed By:SHIV
KUMAR
Signing Date:03.06.2021
19:43:18
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
Signature Not Verified
Digitally Signed By:SHIV
KUMAR
Signing Date:03.06.2021
19:43:18
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, which this
Hon'ble court may deem fit and proper under the facts and
circumstances of the case."
Signature Not Verified
Digitally Signed By:SHIV
KUMAR
Signing Date:03.06.2021
19:43:18
2. At the outset learned counsel appearing for the Petitioner submits that
similar issue has been raised in a petition pending before Division Bench-II
in W.P. (C) No. 3031/2020.
3. In view of the aforesaid submissions and in order to avoid multiplicity
of litigation, this petition is disposed of granting liberty to the Petitioner to
file an appropriate application in writ petition being W.P.(C)No.3031/ 2020,
in accordance with law, if so advised.
4. With these observations this writ petition is hereby disposed of.
CHIEF JUSTICE
JYOTI SINGH, J
MAY 31, 2021/rk
Signature Not Verified
Digitally Signed By:SHIV
KUMAR
Signing Date:03.06.2021
19:43:18
