"How Can There Be Sudden Supply Shortage?" HC Seeks Delhi Govt's Response On Stocks Held And Distribution Of Drug Used For Treating Black Fungus

The Delhi High Court on Wednesday sought Delhi Government's response on the stocks being held by it of the Amphotericin B drug used for treating Black Fungus and also about its supplies and process of distributing the same by tomorrow.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh orally observed:

"Tomorrow we want to know from you that how many stocks are there with you, what are your supplies and how will you distribute it?" 

The development came on the submissions made by Advocate Rakesh Malhotra highlighting the issues concerning shortage in supply of Amphotericin B drug used to treat Black Fungus which is emerging as a new issue amid covid 19 pandemic.

During the course of hearing, Malhotra apprised the Court about the supply mechanism devised by the Delhi Government of the aforesaid drug by relying on a flow chart showing that the hospital has to go to the technical expert committee which shall then approve or reject it's request for acquiring the said drug after which the same will be distributed to the hospitals for the administration to patients.

To this, Senior Advocate Rahul Mehra appearing for GNCTD apprised the Court that the Delhi Government had already made requisitions and had constituted a four member committee which meets twice a day (morning and evening).

Furthermore, relying on the suggestions made by Amicus Curiae Rao, Mehra stated thus:

"First, that the hospitals can be granted the drug so that they have stock. But the question is that we don't have stock at all so there is no question of creating a buffer stock. Second is that the committee should meet more often. Central Government can seek instructions on this and can come back on it tomorrow. Not only Delhi but states all over want this Medicine."

At this stage, on the query of the Court, it was informed that the Amphotericin B drug is manufactured in India by manufacturers including Cipla.

At this juncture, Malhotra informed the Court that more than 1000 vials of the aforesaid drug was kept with the Delhi Government to which Mehra responded thus:

"This cannot be said at the lost moment. Not a single doctor or patient is before your lords. I am behaving like a responsible officer of this Court. We are here. Union is here. Let the Union come tomorrow. They have taken over the supply. We are getting in a rationed way. We've made requisitions which we'll place before this Court. We have written to the Union that 90 vials are required for a patient."

In view of this, Justice Jasmeet Singh orally remarked thus:

"You have to inform that what is the bottleneck. This is something which is coming up and we'll address this. How can there suddenly be a shortage in supply when the drug is being manufactured locally?"

Subsequently, Justice Sanghi orally remarked "This cannot be a case of artificial shortage."

With the aforesaid submissions, the Court posted the matter for further hearing tomorrow.