Kush Sharma vs Government Of Nct Of Delhi

D.N.Patel, CJ

C.M.No.15402/2021 (exemptions) & 15403/2021(permission to file lengthy synopsis and list of dates)

For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed subject to just exceptions.

However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of

72 hours from the date of resumption of regular functioning of the Court.

The application is disposed of.

W.P.(C) No.5027/2021

This public interest litigation has been preferred with the following prayers:-

“a) Issue a writ of mandamus directing the Respondent to issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to

oversee and ensure maintenance of records of sale and distribution of Covid-19 management drugs and equipment such as Oxygen Concentrators,

Favipiravir and Tocilizumab etc.;

b) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to audit the sale

records of dealers and distributors of Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc.; c)

Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to take strict

measures to ensure that Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc. are not sold at

prices higher than MRP and there is no diversion into the hands of persons other than licensed dealers and distributors; d) Issue a writ of mandamus

directing the Respondent to make information relating to stocks of Covid-19 management drugs and equipment such as Oxygen Concentrators,

Remdesivir, Favipiravir and Tocilizumab etc. available on a web portal as well as a helpline so that persons who are looking to procure these drugs and

equipment for Covid-19 patients are able to contact the dealers/ distributors who have available stocks; e) Issue a writ of mandamus directing the

Respondent to make adequate supply of Covid-19 management drugs and equipment such as Oxygen Concentrators, Remdesivir, Favipiravir and

Tocilizumab etc. available at the chemist shops of every hospital so that family members/ relatives/ friends of Covid-19 patients can easily purchase

them;

b) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to audit the sale

records of dealers and distributors of Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc.;

c) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to take strict

measures to ensure that Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc. are not sold at

prices higher than MRP and there is no diversion into the hands of persons other than licensed dealers and distributors;

d) Issue a writ of mandamus directing the Respondent to make information relating to stocks of Covid-19 management drugs and equipment such as

Oxygen Concentrators, Remdesivir, Favipiravir and Tocilizumab etc. available on a web portal as well as a helpline so that persons who are looking to

procure these drugs and equipment for Covid-19 patients are able to contact the dealers/ distributors who have available stocks;

e) Issue a writ of mandamus directing the Respondent to make adequate supply of Covid-19 management drugs and equipment such as Oxygen

Concentrators, Remdesivir, Favipiravir and Tocilizumab etc. available at the chemist shops of every hospital so that family members/ relatives/ friends

of Covid-19 patients can easily purchase them;

k) Issue a writ of mandamus directing the Respondent to issue a directive to the staff handling dead bodies at the hospital and at the cremation ground

to follow the Covid-19 Guidelines issued by the Government of India for dead body management allowing the family member to view the dead body to

the extent permissible; and l) Pass any other/further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the

present case.â€​

Having heard the learned counsel for the parties and looking to the facts and circumstances of the case and also looking to the submission made by

the learned Standing Counsel for the respondent that the grievances as ventilated by the petitioner in this writ petition, have also been raised before

another Division Bench of this Court in W.P.(C) No.3031/2020 in which several orders and various directions have already been issued from time to

time by the Division Bench. It is, therefore, submitted that if the petitioner may file an application for intervention in the said pending writ petition.

In view of the aforesaid, we hereby dispose of this writ petition, reserving liberty with the petitioner to file an application for intervention before the

Division Bench dealing with W.P.(C) No.3031/2020. As and when such an application is preferred, the same will be dealt with in accordance with

law.