Libertatem Magazine

Petition Filed Against Roche India To Know About Availability of COVID-19 Medicines: Delhi High Court

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This petition was filed by the brother of Mr Sudhir Kumar Agarwal, who was a COVID-19 patient and admitted to Malik Radix Health Care Hospital, Nirman Vihar, New Delhi. The patient has prescribed a dose of Tocilizumab 400 MG however, after multiple efforts, and was not able to procure the same. Hence, the petition. 

On 05.05.2021, the Court had recorded the submission of learned counsels appearing for the Union of India and GNCTD that they would use their good offices to make the same available to the Petitioner.

On 06.05.2021, the learned counsel for the petitioner submitted that the said dose of Tocilizumab 400 MG was made available for the petitioner’s brother and was administered to the patient. He further submitted that the patient’s medical condition was better. 

Smt. Kamlesh Gupta (petitioner No. 2) was also prescribed Tocilizumab 400 MGbut despite repeated efforts, it was not available to her. Learned counsels for the GNCTD and the Union of India had assured her that they would make the medicine available to her.


The counsel appearing for Roche India submitted that considering the recent spike of the COVID-19 pandemic, Roche India had decided to immediately supply 10,000 doses of Tocilizumab 400 MG, which was likely to reach India. The counsel claimed this to be completely a humanitarian gesture on behalf of Roche, considering the pandemic situation in India and would be free of cost. 

The counsel representing the petitioner submitted that 50,000 vials were recorded on the last date which had been clarified as per the contentions of the company of Tocilizumab 80 MG and would cater to 10,000 patients who require 400 MG of Tocilizumab. Thus, he submitted that the total number of doses which should be supplied by the end of the week would be 10,000 doses of Tocilizumab 400 MG and further 10,000 doses of Tocilizumab 400 MG by 15.05.2021 – a total of 20,000 doses of Tocilizumab 400 MG.

Court’s Observation

The Court ordered the Union of India and GNCTD to take immediate steps to ensure that the same be allocated to States/UTs and distributed transparently, efficiently, and promptly so that they would immediately be administered to patients who were in need and prescribed the same.

Court’s Judgment

The Court listed the further hearing on 13.05.2021, at 2:30 PM with the further details of the number of patients and medicines to be supplied.

Click here to view the Judgement. is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

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