"Present Projection Of Production, Supply May Fall Short Of Requirement To Treat Black Fungus Not Only In Delhi But In All States": Delhi HC

The Delhi High Court on Monday sought Centre's response by way of filing a status report indicating the steps taken by it to facilitate the production of Amphotericin B drug used to treat Black Fungus and also on the aspect of allocation of the aforesaid drug to the Delhi Government.

Perusing the status report filed by the Centre today in view of the Court's earlier order, a division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh ordered thus:

"The status report indicates the expected supply in May and July. It also states the manufacturers and projected manufacturing in June. The report states that the government is working continuously for facilitating imports. It also indicates the allocation made for GNCTD. It appears that the present production in supply and projection of supply and imports may fall short of the requirement to treat Black Fungus in not only in GNCTD but in all India basis. Mr. Kirtiman Singh states that report may be filed in the next date. The same shall be filed."

The development came after the Court had sought Centre's response indicating the present production capacity of the medicine, along with the enhanced production capacity of producers who have been licensed to produce the aforesaid drug.

Appearing on behalf of Central Government, Advocate Kirtiman Singh apprised the Court that the Centre has issued the notification required and has also notified black fungus under the Epidemic Disease Act. However, Singh pressed upon having a real time data of the case load with regards to black fungus virus.

"The expected supply in June is going to be 2,55,440. There are 5 additional manufacturers which will start production." Singh submitted.

Not agreeing to the submissions made, Justice Jasmeet Singh orally remarked thus:

"Have you calculatively done maths in this? You have 200 patients. Assuming it's 200, how does the maths pan out here? There's an element of sarcasm. It's not panning out. The numbers are humongous. There should be drastic steps taken. Gap is more than 1/3rd."

On this, Singh replied "For 197 case load, they demand 1 lakh vials. Where we are all on the same sides, the demands must be reasonable. There are people and States who need it more than anyone today."

Responding to this, Senior Advocate Rahul Mehra appearing for GNCTD submitted thus:

"We're looking at a specific number. We're 7 times short and what we've been showing is that we have gone from 1 lakhs to 2 lakhs."

Hearing the aforesaid submissions, the Bench asked the Central Government thus:

"How are you planning to meet the all India demand is the point? Because your projections of supply even that is not sufficient to meet the demand."

Responding to this, Singh assured the Court that the Centre will be filing it's response on the next date of hearing. 

"Your lordship will take this up on Monday. I will have a better picture about the figures till then. Whatever steps futher have been taken and what have we done on alternative medication will be placed before your lords." Singh submitted.

The matter will now be considered on Friday. 

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