Wednesday, July 17, 2019


Dr K K Aggarwal and advocate Ira Gupta

On 3rd of this month, the Hon’ble Chief Justice of Delhi High Court had strictly directed Central Government to provide the list of Over the Counter (OTC) Drugs by September 12 in the PIL filed by Heart Care Foundation of India. The Hon’ble High Court passed the following order:

“If the report as per the directions of this Court is not filed so far, the same be filed on or before the next date of hearing. We also direct the respondents to provide a list of Over the Counter (OTC) drugs by the next date of hearing.”

We appeared personally and argued and informed the Hon’ble Court that currently no such list is available by the government and the chemists and pharmacists are dispensing the schedule drugs on the plea that they do not have a list of OTC drugs where medical prescription is not required. The Central Government has filed its counter affidavit in which the Government had stated that it has constituted committee for the formulation of law on OTC drugs, however, the minutes of the meetings conducted by the sub-committee are under preparation.

In another case, the Hon’ble Chief Justice of Delhi High Court directed India Railways, Delhi Metro, all courts in Delhi to file their status report in the PIL about the installation of cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) machine in public places like courts, railways and metro.

The Hon’ble Court has passed following order:
“We have heard Dr.K.K.Aggarwal at length and also learned counsel for the parties. Learned counsel for the respondents to file an affidavit by the next date of hearing, stating clearly the following:-
(a) What steps they have already taken to establish the centres giving Basic Cardiac Life Support (BCLS) as well as the Advanced Cardiac Life Support (ACLS)?
(b) What is the infrastructure which is already provided and what infrastructure they are going to provide in the new centres?
(c) How many personnel have been deployed at such centres and what is the future road map for the personnel which are to be engaged in such centres which are yet to be established.
(d) In the affidavit it shall also be highlighted about the training given to the persons who are going to be deployed at the aforesaid centres.
(e) The respondents shall also highlight about the availability of ambulances with National Ambulance Code : Automotive Industry Standard (AIS) – 125 Part-II facilities.”

These directions of the High Court were in direct response to the PILs filed by HCFI, which has been named amicus curiae in both the cases.

Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Past National President IMA

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