Full Text
HIGH COURT OF DELHI
Date of Decision: 13th September, 2024 (3)
MASTER ARNESH SHAW ..... Petitioner
Through: Mr. Rahul Malhotra & Mr. Kaustubh Punj, Advocates.
Mr. Asif Ahmed, Adv. (M:
9560995495)
Ms. Shyel Trehan, Mr. Rohan Poddar & Ms. Shivalika Rudrabatla, Advs. (M:
JUDGMENT
6370344354) (IN ALL MATTERS)
VERSUS
UNION OF INDIA & ANR...... Respondents Through: Mr Anish Chawla, Mr. Dewan Aehasas Puri & Ms. Adya Luthra, Advs. for SAREPTA. Mr. Kirtiman Singh CGSC, Mr. Waize Ali Noor, Ms. Vidhi Jain & Ms. Anvi Garg Adv., Advs for UOI. Mr. Ripudaman Bhardwaj CGSC with Mr. Kushagra Kumar and Mr. Abhinav Bhardwaj, Advs. for UOI Mr. Dharmender Verma and Mr. Vishal Singh, Advs. for BIRAC. With Dr. Sheffali Gulati, (AIIMS). (M: 9625777607). Mr. Sudarshan Rajan, Mr. Hitain Bajaj and Mr. Mahesh Kumar, Advs. for R-3. Mr. Neeraj, SPC along with Mr. Vedansh Anand (GP) and Mr. Soumyadip Chakraborty, Advs. UOI. Mr. Darpan Wadhwa, Sr. Adv. along with briefing Counsel. Mr. Dinesh Kumar and Mr. Prakash Raj Thakur, Advs. for DGCI. (M:
9990755693) (IN ALL THE MATTERS) with Mr. Arun Prashar, 15:19 Drug Insp. Mr. Tanveer Oberoi & Mr. Jaswinder Singh, Advs. for (AIIMS). (M:9958935556) & (M:9811232066) (IN ALL MATTERS) (2) WITH + CONT.CAS(C) 415/2022 & CM APPL. 18280/2022 MASTER MEDHANSH JHAWAR @ MADHAV THROUGH HIS NATURAL GUARDIAN..... Petitioner versus RAJESH BHUSHAN & ORS...... Respondent Through: Mr. Kirtiman Singh CGSC, Mr. Waize Mr. Divyam Nandrajog, Panel Counsel, GNCTD with Mr. Mayank Kamra, Adv. for R-2. Bhardwaj, Advs. for UOI. (4) WITH + W.P.(C) 11610/2017 & CM APPL.27637/2018 FSMA INDIA CHARITABLE TRUST..... Petitioner Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh & Mr. Manoj Kumar, Advs. (M: 9811101923)
VERSUS
UNION OF INDIA AND ANR...... Respondents Through: Mr. Sameer Vashisht, ASC (Civil), GNCTD and Mr. Vanshay Kaul, Adv. for R-2. Mr. Vijay Joshi, Sr. Panel Counsel for UOI. Mr Pravin Anand, Mr Shrawan Chopra Ms Prachi Agrawal Mr Achyut Tewari, Advs. for Roche India (M. 860463357) Mr. Anand Grover, Sr. Adv. with Mr. Saurabh Chauhan, Mr. Varun Jain, Mr. 15:19 Rohin Bhatt, Ms. Reny Chauhan, Mr. Sadeeq Ur Rahman, Advs. with Ms. Archana Panda, AR. (M:9971540730) (5) WITH + W.P.(C) 2943/2020 & CM APPLs.10227/2020, 6633/2022, 7534/2023 ALISHBA KHAN..... Petitioner versus UNION OF INDIA AND ORS...... Respondents Through: Mr. Anuj Aggarwal, ASC with Mr. Siddhant Dutt, Advs for R-2 and 3 (M:9891363718). (6) WITH + W.P.(C) 7756/2023 & CM APPL.29934/2023 MASTER PUSPENDER THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PAWAN KUMAR..... Petitioner versus UNION OF INDIA & ANR...... Respondent (7) WITH + W.P.(C) 8200/2023 & CM APPL. 31454/2023 MASTER DRASHTANT JHALA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
JAYDEEP SINGH JHALA.. Petitioner versus (8) WITH + W.P.(C) 8947/2023 & CM APPL. 33930/2023 15:19 DIVYANSH KARNANI THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
RAJESH KUMAR KARNANI.. Petitioner versus UNION OF INDIA & ORS...... Respondent (9) WITH + W.P.(C) 8948/2023 & CM APPL. 33931/2023 ARJUN SHARMA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
SANJEEV SHARMA..... Petitioner versus (10) WITH + W.P.(C) 8973/2023 & CM APPL. 34025/2023 ADVIK RAYAKAWAR THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PIYUSH RAYAKAWAR..... Petitioner versus Through: Mr. Ripudaman Bhardwaj CGSC with Mr. Kushagra Kumar Adv. for UOI (11) WITH + W.P.(C) 8986/2023 & CM APPL. 34083/2023 LAKSHAY AGARWAL..... Petitioner 15:19
VERSUS
Through: Mr Anurag Ahluwalia, CGSC with Mr Tarveen Singh Nanda & Ms. Hridyanshi Sharma, Adv. for R-1 (12) WITH + W.P.(C) 8996/2023 & CM APPL. 34122/2023 ADARSH SONI THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VIJAY KUMAR SONI..... Petitioner versus Mr Abhishek Sharma, Miss Kritya Sinha, Mr. Pranshul Kulshreshtha, Advs. for R-5. (M: 8294621791) (13) WITH + W.P.(C) 10782/2020 & CM APPL.33828/2020 AVIRAJ GARG, AGE 4 YEARS, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
ABHINAV GARG..... Petitioner versus Through: Ms. Amrita Prakash, CGSC with Mr. Siddharth Khatana, Adv. for R-1. (M- 9811132326) 15:19 Garg Adv., Advs for UOI.s (14) WITH + W.P.(C) 322/2021 & CM APPL. 812/2021 KESHAV SHARMA AGE 12 YEARS THROUGH HIS NEXT FRIEND & NATURAL FATHER SANJEEV KUMAR..... Petitioner versus Through: Mr. Ajay Digpaul and Ms. Ishita Pathak, Mr. Kamal Digpaul with Ms. Swati Kwatra, Advocates for UOI. Ms. Arti Bansal & Ms. Akansha Kumari, Advs. for UOI. (15) WITH + W.P.(C) 1491/2021 & CM APPLs. 4291/2021, 8671/2022 MASTER MEDHANSH JHAWAR @ MADHAV..... Petitioner versus (16) WITH + W.P.(C) 1511/2021 & CM APPLs. 4331/2021, 8616/2022 MASTER KENIT JHAWAR @ KESHAV..... Petitioner versus Through: Mr. Rishabh Sahu, CGSC with Mr Sameer Sharma, Adv. for UOI. 15:19 Mr. Ghanshyam Mishra, Adv. for R-1. (M: 9899794006) (17) WITH + W.P.(C) 1611/2021 & CM APPL. 4600/2021 LAKSHYA KUMAR GOYAL, 8 YRS OLD, THROUGH HIS NEXT FRIEND & NATURAL FATHER SH.
VIPIN KUMAR.... Petitioner Mr. Rahul Malhotra & Mr. Kaustubh Punj, Advocates versus Through: Ms. Bharathi Raju, Sr. Panel Counsel, for UOI. (M:9868895906) (18) WITH + W.P.(C) 3662/2021 & CM APPLs. 11103/2021, 25590/2021, 32504/2021 PAYEL BHATTACHARYA..... Petitioner Through: Mr. Aditya Chatterjee and Mr. Ishaan Karki, Advocates.
VERSUS
UNION OF INDIA & ORS...... Respondents Through: Mr. Anuj Aggarwal, ASC, GNCTD, with Mr. Siddhant Dutt Advs for R-2. (19) WITH + W.P.(C) 3682/2021 & CM APPL.11153/2021 HARSHIT SONI, 16 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
TIKAM CHAND SONI..... Petitioner 15:19 Through: Mr. T.P. Singh, Sr. Central Govt. Counsel for R-1 (M:9971579687). (20) WITH + W.P.(C) 3689/2021 & CM APPL.11179/2021 DHANANJAY BHARDWAJ, 11 YEARS OLD, THROUGH HIS NEXT FRIEND & NATURAL FATHER SH. AMIT KR...... Petitioner versus Through: Mr. Sanjeev Uniyal, Mr. Dhawal Uniyal & Mr. Rahul Kumar, Advs for R-1. (M:9560806614) (21) WITH + W.P.(C) 3706/2021 & CM APPL. 11229/2021 KHUSHWANT BHARDWAJ, 7 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
NIKHIL BHARDWAJ..... Petitioner versus Through: Mr. Sanjib Kumar Mohanty, Sr. Panel Counsel with Ms. Anushka Jakhodia & Mr. Subesh K. Sahood, Advs. for R-1. (22) WITH + W.P. (C) 3707/2021 & CM APPL. 11230/2021 AARAV GARG, 5 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. VIVEK..... Petitioner 15:19
VERSUS
Through: Mr. Siddharth Khatana, Adv. for UOI. (M:9811132326) (23) WITH + W.P.(C) 3729/2021 & CM APPL.11269/2021 MANISH, 8 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PHOOL CHAND JAT & ANR.... Petitioners Through: Mr. Ashok Agarwal Mr. Kumar versus Through: Mr. Kirtiman Singh CGSC, Mr. Waize Ali Noor, Ms. Vidhi Jain & Ms. Anvi Garg Adv., Advs for UOI. Mr. Rajkumar Yadav, Adv. for UOI. (24) WITH + W.P.(C) 3737/2021 & CM APPL. 11277/2021 SHOURYA MARU, 7 YEARS OLD, THROUGH HIS NEXT FRIEND & NATURAL FATHER SH.
KAMAL KUMAR MARU..... Petitioner versus Through: Mr. Ranvir Singh (CGSC) for R-1. (M:9818071061) (25) WITH + W.P.(C) 3859/2021 & CM APPL.11647/2021 SIDDHARTH SWARNKAR, 9 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Through: Mr. Anuj Aggarwal, ASC with Ms. Ayushi Bansal, Mr. Sanyam Suri & Ms. Arshya Singh Advs. for R-1 to 5 (M:9891363718). (26) WITH + W.P.(C) 4045/2021 & CM APPL. 12213/2021 UTKARSH INDRAJIT PAWAR, 10 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
INDRAJIT DAMAR PAWAR..... Petitioner versus Through: Mr. Sanjeev Sabharwal, Sr. Panel Counsel with Ms. Shweta, Adv. for UOI. Mr. Harish Kumar Garg and Ms. Palak Gupta, Ms. Khushboo Sharma, Advocates for UOI (M:9810150029). (27) WITH + W.P.(C) 4067/2021 & CM APPL. 12306/2021 ANSHU, 10 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
NARENDRA KUMAR YADAV... Petitioner versus 15:19 (28) WITH + W.P.(C) 4259/2021 & CM APPL. 12948/2021 ISHAAN, 10 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
RAJVIR SINGH..... Petitioner versus Through: Mr. Ripudam Bhardwaj, CGSC with Mr. Vinod Tiwari, Adv. for R-1 & 3. (29) WITH + W.P.(C) 4304/2021 & CM APPL. 13108/2021 TANAV HANDOO, 6 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. AMIT HANDOO..... Petitioner versus Through: Mr. Satya Ranjan, (Sr. Panal Counsel) with Mr. Kautilya Birat, Advs for UOI. (30) WITH + W.P.(C) 4551/2021 & CM APPL. 13949/2021 SHAURYA DAHIYA, 7 YEARS OLD, THROUGH HIS NEXT FRIEND & NATURAL FATHER SH.
SATBIR DAHIYA..... Petitioner versus Through: Mr. Avnish Singh, SPC with Mr. Mahendra Vikram Singh & Ms. Kanchan Kumari, Advs (M:8826437138) 15:19 Mr. Anurag Ahluwalia, CGSC. (31) WITH + W.P.(C) 4812/2021 & CM APPL. 14844/2021 NIKHIL YOGENDERSINGH CHOUDARY, 17 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
YOGENDERSINGH P CHOUDARY..... Petitioner versus Through: Mr. Ranvir Singh (CGSC) for R-1. (32) WITH + W.P.(C) 5394/2021 & CM APPL. 16683/2021 UDAYVEER SINGH GULERIA, 7 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
RAMESH GULERIA..... Petitioner versus (33) WITH + W.P.(C) 5395/2021 & CM APPL. 16686/2021, 63399/2023 MASTER AYUSHMAN CHATURVEDI..... Petitioner Through: Mr. Anurag Ojha & Mr. Deepak Somani, Advs.
VERSUS
Through: Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Chaityana Kumar, Adv. for UOI. Mr. Parth Goyal, Adv. for Mr. Jawahar Raja, ASC(C) GNCTD. 15:19 (34) WITH + W.P.(C) 9684/2021 AADHYAN JAISWAL 11 YEARS OLD THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH ANIL KUMAR JAISWAL..... Petitioner versus Through: Mr. Divyam Nandrajog, Panel Counsel, GNCTD with Mr. Mayank Kamra, Adv. for R-2. (35) WITH + W.P.(C) 14317/2021 & CM APPLs. 45148/2021, 14521/2023 SHREYANSH AARAV, 11 YEARS OLD, THROUGH HIS NEXT FRIEND AND NATURAL MOTHER SMT.
KANCHAN KAMINI..... Petitioner versus Mr. Rajkumar Yadav, Adv. for UOI. (36) WITH + W.P.(C) 1182/2022 & CM APPL. 3442/2022 INSHA MINOR THROUGH HER NEXT FRIEND AND NATURAL FATHER SH IRSHAD AHMAD SOFI..... Petitioner 15:19 Through: Mr. Sanjeev Uniyal, Mr. Dhawal Uniyal & Mr. Rahul Kumar, Advs for R-1. (M:9560806614) Mr. Rishikesh Kumar ASC with Mr Aditya Raj, Mr. Muhammad Zaid, Mr. Sheenu Priya, Mr. Sudhir Kumar Shukla & Mr Sumit Choudhary, Advs. (37) WITH + W.P.(C) 1054/2023 and CM APPL. 4164/2023 MASTER TUSHAR THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. JAI PRAKASH..... Petitioner versus Through: Mr. Kirtiman Singh, CGSC with Ms. Vidhi Jain, Advocate for UOI. Mr. Ripudaman Bhardwaj CGSC and Mr. Hardik Bedi, GP for UOI. (38) WITH + W.P.(C) 1079/2023 and CM APPL. 4248/2023 MASTER RUDRA PAWAR THROUGH HIS NEXT FRIEND AND NATURAL MOTHER SMT. ANU VISHNOI..... Petitioner versus Mr. Ripudaman Bhardwaj CGSC and Mr. Kushagra Kumar, Adv. (39) WITH 15:19 + W.P.(C) 2614/2023 KARAN, 14 YEARS OLD THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Through: Mr. Nitinjya Chaudhry, Sr Panel Counsel with Mr. Abhishek, GP, Mr. Rahul Mourya, Adv. (M-9810103680). Mr. Abhishek Khanna, Adv. for R-1. (40) WITH + W.P.(C) 4495/2023 & CM APPL.17190/2023 PARAS JAIN THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
SANDEEP JAIN..... Petitioner versus Through: Mr. Raj Kumar, Advocate, SPC, UOI. Mr. Kirtiman Singh, CGSC with Ms. Vidhi Jain, Adv. for UOI. (41) WITH + W.P.(C) 4502/2023 & CM APPL.17238/2023 SHREYANSH VERMA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
DHEERAJ KANT VERMA..... Petitioner versus Through: Mr. Raj Kumar Yadav, Ms. Nitya Sharma, Ms. Jasmine Sheikh Advocate for UOI. (M:9818836222) 15:19 (42) WITH + W.P.(C) 4526/2023 & CM APPL.17321/2023 MASTER LAKSHYAVED KALISHARAN THROUGH HIS NEXT FRIEND AND NATURAL MOTHER SHILPA RAMESH..Petitioner versus Mr. Virender Pratap Singh Charak and Ms. Shubhra Parashar Adv.s for UOI. Ms. Shubhra Parashar, Mr. Yash Hari Dixit, Mr. Akshay Kumar, Mr. Pushpender Singh Charak, Ms. Pinky Yadav, Advs. (M: 9958458448) (43) WITH + W.P.(C) 4535/2023 & CM APPL.17331/2023 MASTER CHINMAY BARUPAL THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
ASHOK KUMAR BARUPAL..... Petitioner versus Ms Monika Arora (CGSC) & Ms. Jyoti Tiwari, Adv. for UOI. (44) WITH + W.P.(C) 4536/2023 & CM APPL.17333/2023 MADHAV SHARMA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Through: Mr. Sushil Raaja, SPC, UOI. (45) WITH + W.P.(C) 4538/2023 & CM APPL.17337/2023 SANDEEP KALIA..... Petitioner versus Garg Adv., Advs for UOI. Mr. Mukul Singh CGSC with Ms. Ira Singh, Adv. for R-1.(M: 9971359513) (46) WITH + W.P.(C) 4539/2023 & CM APPL.17340/2023 RAJVEER SRIVASTAVA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
RAJESH KUMAR SRIVASTAVA..... Petitioner versus Through: Mr Mukul Singh (CGSC) with Ms. Ira Singh, Adv. for UOI. (M: 9971359512) Mr. Mukul Singh CGSC, Ms. Ira Singh, Advocate for R-1. (47) WITH + W.P.(C) 4591/2023 & CM APPL. 17548/2023 VANSH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Ms Monika Arora (CGSC), Mr. Kushal Mr. Subhrodeep Saha Mr Yash Tyagi & Mr Subhrodeep, Adv. Mr. Mukul Singh CGSC, Ms. Ira Singh, Advocate for R-1. (48) WITH + W.P.(C) 5102/2023 & CM APPL.19968/2023 PRANSHU NAMDAR THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PARIXIT NAMDHAR..... Petitioner versus Through: Ms. Ritu Reniwal (SPC UOI). Ms Prerna Dhall & Mr Ripu Dhiman, Advocates (M- 8920466138) (49) WITH + W.P.(C) 5726/2023 & CM APPL. 22436/2023 MASTER HARENDER THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
SUNDER SINGH & ANR...... Petitioners versus Through: Mr. Neeraj, SPC along with Mr. and Mr. Mahesh Kumar, Advs. for R-4. 15:19 (50) WITH + W.P.(C) 5753/2023 & CM APPL. 22528/2023 VINAY THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
MEHAR SINGH..... Petitioner versus Through: Mr Atul Sai Krishna Sr. Panel Counsel, Mr Hardik Bedi GP. (M: 8010414123) Garg, Advs., for UOI. and Mr. Mahesh Kumar, Advs. for R-2. Mr Atul Krishna, SPC with Mr Hardik Bedi, GP for R[1] (51) WITH + W.P.(C) 6089/2023 & CM APPL. 23902/2023 MASTER SAIANSH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
AVTAR SINGH MALHOTRA. Petitioner versus Through: Mr. Kirtiman Singh CGSC, Mr Hardik Bedi GP Mr. Waize Ali Noor, Ms. Vidhi Jain & Ms. Anvi Garg Adv., Advs for UOI. Mr Atul Sai Krishna Senior Panel Counsel, Mr Hardik Bedi GP. Mr. Kirtiman Singh, CGSC with Ms. Vidhi Jain, Adv. for UOI. (52) WITH + W.P.(C) 7549/2023 and CM APPL. 29273/2023 MASTER CHUNNU YADAV THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Mr. Gokul Sharma (GP) for R-1. (M- 9045885304) (53) WITH + W.P.(C) 7553/2023 and CM APPL. 29299/2023 MASTER HARSHIT PAWAR THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PRAVEEN KUMAR..... Petitioner versus Mr. Kushagra Kumar Adv. for UOI. (54) WITH + W.P.(C) 7644/2023 and CM APPLS. 29628-29/2023 MASTER SATYAKI ADAK THROUGH HIS NATURAL GUARDIAN..... Petitioner Punj, Advocate.
VERSUS
Through: Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar, and Mr. Abhinav Mr. Ankit Verma, Advocate. (55) WITH + W.P.(C) 10031/2023 and CM APPL. 38666/2023 ADITYA KUMAR YADAV THROUGH HIS NEXT FRIEND AND 15:19 NATURAL FATHER SH. PREM SHANKAR..... Petitioner Mr. Rahul Malhotra, Advocate.
VERSUS
Mr. Ripudaman Bhardwaj, CGSC with (56) WITH + W.P.(C) 10063/2023 and CM APPL. 38727/2023 SUMIT KUMAR SINGH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Mr Vedansh Anand, Adv. for UOI. (57) WITH + W.P.(C) 10064/2023 and CM APPL. 38728/2023 ADITYA SONI THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
MUKESH KUMAR SONI..... Petitioner versus 15:19 Mr. Ripudaman Bhardwaj, CGSC with (58) WITH + W.P.(C) 10606/2023 & CM APPL. 41165/2023 UMANAND KUMAR SONI THROUGH HIS NEXT FRIEND AND NATURAL GRANDFATHER SH.
NANDU PRASAD SONI..... Petitioner versus Through: Mr. Vineet Dhanda, CGSC (59) WITH + W.P.(C) 10867/2023 & CM APPL. 42110/2023 PARTH KAMBOJ THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PARDEEP KUMAR..... Petitioner versus (60) WITH + W.P.(C) 10870/2023 & CM APPL. 42114/2023 PARV INSAN THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
WAZIR SINGH..... Petitioner versus (61) WITH + W.P.(C) 12222/2023 & CM APPL. 48011/2023 15:19 SAKSHAM JANGLA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PARVEEN KUMAR..... Petitioner versus (62) WITH + W.P.(C) 13172/2023 & CM APPL. 52098/2023 TANUJ THROUGH HIS NEXT FRIEND AND NATURAL FATHER MR.
SUDHIR KUMAR & ANR...... Petitioners versus (63) WITH + W.P.(C) 13173/2023 & CM APPL. 52099/2023 AMAN MEENA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
SAMAY SINGH MEENA..... Petitioner versus Through: Mr. Ripudaman Bhardwaj CGSC and Mr. Kushagra Kumar, Ms. Manaswini Kondepudi, Advs. for UOI. (64) WITH + W.P.(C) 13174/2023 & CM APPL. 52100/2023 HARSHIT RAJPUT THROUGH HIS NEXT FRIEND AND NATURAL MOTHER SMT.
VERSUS
(65) WITH + W.P.(C) 13175/2023 & CM APPL. 52102/2023 PARMARTH KAPOOR THROUGH HIS NEXT FRIEND AND NATURAL MOTHER MS.
SURABHI BHARDWAJ..... Petitioner versus (66) WITH + W.P.(C) 13179/2023 & CM APPL. 52133/2023 MANVIK KHANGWAL THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PARVEEN KUMAR..... Petitioner versus (67) WITH + W.P.(C) 13180/2023 & CM APPL. 52134/2023 GAURAV KAPOOR..... Petitioner versus (68) WITH + W.P.(C) 13186/2023 & CM APPL. 52141/2023 SOUMYA MISHRA THROUGH HIS NEXT FRIEND & NATURAL FATHER SH.
VERSUS
(69) WITH + W.P.(C) 13187/2023 & CM APPL. 52142/2023 SUMIT VERMA THROUGH HIS NEXT FRIEND AND NATURAL MOTHER SMT.
KRISHNA DEVI..... Petitioner versus (70) WITH + W.P.(C) 13188/2023 & CM APPL. 52145/2023 VIKASH MEENA..... Petitioner versus (71) WITH + W.P.(C) 13190/2023 & CM APPL. 52148/2023 REHAN THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VINAY KAMAL..... Petitioner versus 15:19 (72) WITH + W.P.(C) 13191/2023 & CM APPL. 52149/2023 YASH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. MONU..... Petitioner versus (73) WITH + W.P.(C) 13192/2023 & CM APPL. 52152/2023 AARUSH PRITHWANI THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
BHISHAM PRITHWANI..... Petitioner versus (74) WITH + W.P.(C) 13193/2023 & CM APPL. 52153/2023 MANAV PALSANIA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
AJAY KUMAR PALSANIA..... Petitioner versus 15:19 Mr. N. Ganpathy, Sr. Advocate & Mr. Manpreet Lamba, Adv. for D-2. (75) WITH + W.P.(C) 13196/2023 & CM APPL. 52158/2023 HIMANSHU SHARAMA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VISHAL SHARAMA..... Petitioner versus (76) WITH + W.P.(C) 13197/2023 & CM APPL. 52159/2023 MRADUL MISHRA..... Petitioner versus (77) WITH + W.P.(C) 13236/2023 & CM APPL. 52311/2023 YASH RAJ SINGH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
DHARMENDER SINGH..... Petitioner versus (78) WITH + W.P.(C) 13237/2023 & CM APPL. 52314/2023 15:19 PARMEET SINGH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
KULDEEP SINGH..... Petitioner versus (79) WITH + W.P.(C) 13239/2023 & CM APPL. 52319/2023 MOHIT THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
SURENDER SINGH..... Petitioner versus (80) WITH + W.P.(C) 13240/2023 & CM APPL. 52321/2023 MOHAMMAD ARSHAD THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
MOHAMMAD HANIF..... Petitioner versus (81) WITH + W.P.(C) 13259/2023 & CM APPL. 52378/2023 SAHIL THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
MAHESH YADAV..... Petitioner versus 15:19 (82) WITH + W.P.(C) 13260/2023 & CM APPL. 52379/2023 VISHWAS GOYAL THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
MANGLESH GOYAL..... Petitioner versus (83) WITH + W.P.(C) 13304/2023 & CM APPL. 52496/2023 VIHAAN GUPTA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
GAURAV KUMAR..... Petitioner versus (84) WITH + W.P.(C) 13379/2023 & CM APPL. 52805/2023 SAMEER LAMBA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. HANSRAJ..... Petitioner versus (85) WITH + W.P.(C) 13389/2023 & CM APPL. 52855/2023 SALMAN KHAN THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
VERSUS
Through: Mr. Shubham Prasad, G.P. for UOI. (86) WITH + W.P.(C) 13417/2023 & CM APPL. 53006/2023 HENIL PATEL THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PANKAJ KUMAR PATEL..... Petitioner versus Mr. Kushagra Kumar, Adv. & Mr. Shubham Prasad, G.P. for UOI. (M:
9712533333) (87) WITH + W.P.(C) 13449/2023 & CM APPL. 53114/2023 HENILKUMAR PRAJAPATI THROUGH HIS NEXT FRIEND & NATURAL FATHER SH.
KANAIYALAL PRAJAPATI... Petitioner versus Through: Mr. Shashank Garg, CGSC for UOI with Mr. Vanshul Pali, Adv. (M:
9711552649) (88) WITH + W.P.(C) 13453/2023 & CM APPL. 53123/2023 TIRTH RAVI KHAIRNAR THROUGH HIS NEXT FRIEND AND NATURALFATHER SH.
KHAINAR RAVI BHAI..... Petitioners versus 15:19 (89) WITH + W.P.(C) 13456/2023 & CM APPL. 53134/2023 RUDRA KIRTI KUMAR PATEL THROUGH HIS NEXT FRIEND AND NATURALFATHER SH.
KIRTI KUMAR HIRABHAI PATEL..... Petitioners versus (90) WITH + W.P.(C) 13469/2023 & CM APPL. 53236/2023 JEET GOSAI THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PRAGNESHGIRI PRAVINGIRI GOSAI.... Petitioners versus (91) WITH + W.P.(C) 13475/2023 ANUJ KUMAR..... Petitioners versus Garg, Advs for UOI. Ms Seema Singh, Adv. UOI R[1]. (M:
8588871365) Mr. Shashank Garg, CGSC with Mr. Vanshul Pali, Adv. for R-1. (92) WITH + W.P.(C) 14141/2023 & CM APPL. 55947/2023 TAKSH KAUSHIK THROUGH HIS NEXT FRIEND AND 15:19 NATURAL FATHER SH VED PRAKASH..... Petitioner versus Through: Mr. Neeraj, SPC along with Mr. Vedansh Anand and Mr. Mahesh Kumar Rathore, Advs. UOI. (93) WITH + W.P.(C) 15263/2023 & CM APPL. 61134/2023 MOHAMMAD AYAAN SHEIKH THROUGH HIS NEXT FRIEND AND NATURAL MOTHER MRS.
AYESHA SHEIKH..... Petitioner versus (94) WITH + W.P.(C) 15301/2023 & CM APPL. 61316/2023 SHRESHTH SHARMA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
DHEERAJ SHARMA..... Petitioner versus (95) WITH + W.P.(C) 15302/2023 & CM APPL. 61317/2023 SHIVAM THROUGH HIS NEXT FRIEND AND NATURAL MOTHER SMT.
SWATI LOHIA..... Petitioner versus (96) WITH 15:19 + W.P.(C) 15315/2023 & CM APPL. 61386/2023 NIKUNJ GUPTA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
ASHWANI GUPTA..... Petitioner versus (97) WITH + W.P.(C) 15334/2023 & CM APPL. 61502/2023 DEVANSH AGARWAL THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
CHANDRAPRAKASH AGARWAL..... Petitioner versus Through: Mr. Ripudaman Bhardwaj & Mr. Anurag Ahluwalia, CGSCs with Mr. Kushagra Kumar Adv. for UOI. (98) WITH + W.P.(C) 15336/2023 & CM APPL. 61505/2023 RAHUL..... Petitioner versus Through: Mr Anurag Ahluwalia, CGSC with Mr Tarveen Singh Nanda & Ms. Hridyanshi Sharma, Adv. for R-1 Ms. Purva Chugh & Ms. Pooja Arora, Advs. (99) WITH + W.P.(C) 15618/2023 & CM APPL. 62576/2023 KULDEEP SINGH NARUKA & ANR...... Petitioners 15:19
VERSUS
Through: Ms. Pratima N Lakra CGSC with Vanya Bajaj, Advs. (M. 9968324260) (100) WITH + W.P.(C) 15639/2023 & CM APPL. 62620/2023 KARAN SONI THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
JUGAL KISHOR SONI AND ANR..... Petitioners versus Ms. Pratima N Lakra CGSC with Ms Kashish G Baweja, Advocate. (101) WITH + W.P.(C) 14150/2023 & CM APPL. 55962/2023 TANVEER SHARMA THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
DEEPAK SHARMA..... Petitioners versus Through: Mr Vedansh Anand, Adv. for UOI. (102) WITH + W.P.(C) 16267/2023 & CM APPL. 65509/2023 PRINCE PAREEK THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH.
PANKAJ PAREEK..... Petitioners versus 15:19 (103) AND + W.P.(C) 16361/2023 & CM APPL. 65805/2023 SARANSH KUMAR THROUGH HIS NEXT FRIEND & NATURAL FATHER SH.
SATISH KUMAR MANDAL..... Petitioners versus (104) AND + W.P.(C) 55/2024 & CM APPL. 187/2024 BUSHRA KHAN THROUGH HER NEXT FRIEND AND NATURAL FATHER SH.
ASHRAT ALI KHAN..... Petitioner versus Anvi Garg, Advs for UOI. (105) AND + W.P.(C) 436/2024 & CM APPL. 2013/2024 VIKASH KUMAR THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. SANDEEP..... Petitioner versus (106) AND + W.P.(C) 479/2024 & CM APPL. 2128/2024 PARTH SAH THROUGH HIS NEXT FRIEND AND NATURAL FATHER SH. RAMANAND..... Petitioner 15:19
VERSUS
Anvi Garg, Advs for UOI. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (ORAL)
1. This hearing has been done through hybrid mode.
2. The present batch of petitions have been filed by the Petitioners who are children suffering from rare diseases. These matters have been heard by the Court from time to time and various directions have been issued for enabling treatment and making medicines available to the Petitioners. Oral submissions in these matters concluded on 31st August, 2024. Directions qua M/s. Sarepta Therapeutics
3. This Court has repeatedly directed M/s. Sarepta Therapeutics from time to time to place on record information relating to its pricing and other details for DMD medication.
4. On 1st August, 2024, M/s. Sarepta was directed to place on record an affidavit in the following terms:
15:19 Indian subjects to be enrolled.”
12. Let an affidavit in this regard be filed by M/s Sarepta Therapeutic by the next date of hearing. In the affidavit, M/s. Sarepta shall also state as to whether the pricing of its medicines for DMD varies in different countries and if so a chart shall be filed giving the retail price at which the products are available both before and after discounts in at least 10 advanced countries and 10 developing countries including India’s neighbouring countries. Let the said affidavit be filed by 10th August 2024.”
5. On 21st August, 2024, another opportunity was provided to M/s. Sarepta Therapeutics to place the affidavit in terms of order dated 1st August, 2024 on record. The relevant directions as contained in the order dated 21st August, 2024, read as follows:
6. Thereafter, on 31st August, 2024, oral submissions were heard on behalf of M/s. Sarepta. The directions contained in orders dated 1st August, 15:19 2024 and 21st August, 2024 were not complied with. Considering that the present batch of matters are not adversarial in nature, M/s. Sarepta was again directed to place on record its affidavit by 9th September, 2024. Further, in view of the concerns expressed relating to supplies of medicines, directions were also issued to M/s. Sarepta to place on record details in respect of distributors and the Standard Operating Procedure (‘SOP’). The relevant portion of the said order is as follows:
15:19
7. Thus, another opportunity was granted to M/s. Sarepta Therapeutics on 9th September, 2024 to file its affidavit, which has been extracted above.
8. Today, the Court has been presented with a document titled ‘Procedure and Distribution System of eteplirsen, goloditsen and casimersen in India’ on behalf of M/s Sarepta Therapeutics, Inc., India. The said document is provided on the letterhead of ‘my tomorrows’, which is stated to be a Netherland based company called ‘Impatients N.V.’. All the contact details provided in the said document are of Netherlands. It is noticed that the said document does not provide details of any individual distributor in India or otherwise, who can be contacted for placing of orders. Further, the said document is also silent on the timelines for supplying the orders placed with M/s. Sarepta and as to who would be responsible for the same.
9. During the course of this litigation, it has been noticed by the Court that there is sufficient delay between the time of placement of orders and supplies being made to the patients by M/s. Sarepta.
10. When there are a large number of DMD patients in India, it is expected that a company like M/s. Sarepta, which also claims to hold patents in respect of the concerned medicinal/pharmaceutical products, ought to have adequate measures in place to ensure its availability for Indian patients, considering the provisions under the Patents Act, 1970 to ensure that medicinal products which are patented, that too those which are completely unaffordable, are available at reasonably affordable prices to the public. This Court has given sufficient opportunity to M/s. Sarepta to negotiate with the NRDC and also to place proper documents on record to show that it has adequate distribution facilities in India to supply, if orders are placed upon 15:19 it. Insofar as pricing is concerned, Mr. Chawla on behalf of M/s Sarepta submits that the prices offered to the NRDC are the lowest in the world.
11. Considering that repeated opportunities have been granted, let a proper affidavit of a responsible/competent person from M/s. Sarepta based in India, and that of a distributor of M/s. Sarepta in India who is competent to supply the concerned medicinal products with proper timelines, be placed on record within three days from the date of release of the present order. This permission is being granted subject to payment of cost of Rs.[1] lakh into the ‘AIIMS Rare Disease Fund’. Let the costs be deposited within one week. The details of the AIIMS Main Rare Disease Fund A/c is as follows: A/c Name: AIIMS MAIN RARE DISEASE FUND A/C Bank A/c No.: 38345842682 Bank Name: STATE BANK OF INDIA IFSC Code: SBIN0001536 MICR: 110002005
12. Further, ld. Sr. Counsel Mr. Darpan Wadhwa appearing for M/s. Roche has handed over a note of written submissions to the Court. The same is taken on record. Directions qua doses for the 14 patients.
13. On 9th September, 2024, the ld. Amicus apprised the Court that the doses for 14 patients had not been procured, though AIIMS had communicated regarding the release of funds for the said purpose to the Ministry of Health and Family Welfare (‘MoHFW’). In respect of the same, this Court directed as follows on 9th September, 2024: “6. Ld. Amicus has pointed out that the next doses 15:19 for the 14 patients have not been procured, though, AIIMS, has written to the Ministry of Health and Family Welfare (‘MoHFW’).
7. On behalf of AIIMS, ld. Counsel Mr. Tanveer Oberoi submitted that a letter dated 28th August, 2024 was received from MoHFW, stating that the funding would only be provided in terms of the National Rare Diseases’ Policy, and the amount required for an additional three months of treatment is substantial. Regarding four other patients, it is the stand of AIIMS that the MoHFW has not released further funds.
8. Let Mr. Swarnendu Singha (Under Secretary, MoHFW) explain this to the Court by way of an affidavit, and he shall remain present in Court on the next date of hearing.”
14. Today, Mr. Swarnendu Singha, Under Secretary, Ministry of Health and Family Welfare (hereinafter ‘MoHFW’), is present in Court. According to Mr. Singha, the budget allocated for payments in terms of the National Rare Diseases’ Policy has been exhausted.
15. In the opinion of this Court, since treatment of the 14 patients has already commenced, it is directed that the MoHFW shall grant approval to AIIMS to place orders on M/s. Sarepta for the supply of the necessary medicines and release the corresponding funds, based on the price last quoted by M/s. Sarepta to the National Rare Diseases’ Committee (‘NRDC’). The said approval shall be granted by 19th September, 2024, failing which action for contempt would be liable to be taken.
16. Upon receiving the approval, AIIMS shall place the order on the designated distributor, whose details shall be communicated by Mr. Anish Chawla, ld. Counsel appearing for M/s. Sarepta to Mr. Tanveer Oberoi, ld. 15:19 Counsel appearing for AIIMS.
17. The concerned distributor of M/s. Sarepta, who would be taking responsibility for supplying the medicines, shall remain present in Court on the next date of hearing. Directions qua doses patients suffering from Gaucher’s and MPS.
18. It is submitted that further doses for four patients i.e., two patients suffering from Gaucher’s disease and two patients suffering from MPS have not been provided.
19. This Court is of the opinion that the medicines for these four patients ought not to be discontinued. The same is being directed after considering the following facts: that, as per affidavit dated 19th July, 2024, filed by the Union of India, the budget for expenditure under the National Rare Diseases’ Policy, 2021 since FY 2022-2023, has, in fact, been reduced from previous years, and, that these four patients have already been administered the medicines.
20. Let the MoHFW release a sum of Rs.10 crores to AIIMS by the next date of hearing, so that even the non-DMD patients may be provided the requisite treatment(s) till the final judgment of this Court in these batch matters. It is made clear that the said approval/release of funds shall be subject to the final outcome in these batch matters.
21. Let a comprehensive status report in respect of all the directions contained in the present order be filed by the next date of hearing, by the respective parties, in respect of whom the directions have been issued. 15:19
22. List on 24th September, 2024 at 4:00 pm.
23. These are part-heard matters.
PRATHIBA M. SINGH JUDGE SEPTEMBER 13, 2024/dk/dn/ms (corrected and released on 17th September, 2024) 15:19