Should free renal transplant be followed by free post-op medicines: HC asks Delhi govt

New Delhi: Delhi High Court on Saturday asked the national capital's government to file a response to a plea seeking directions to provide medicines required for post-renal transplant to two patients free of cost. The petitioners had undergone a renal transplant at All India Institute of Medical Science (AIIMS) free of cost, and now require post-renal transplant medicines which they can't afford.

Justice V Kameswar Rao noted that the issue which arises for consideration is whether is entitled to essential medicines throughout his life from the state. Justice Rao said, "As an important issue arises for consideration, I deem it appropriate to implead, Government of National Capital Territory (NCT) of Delhi (GNCTD) as a party respondent herein."

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The bench, therefore, requested the Delhi government's counsel, who was present in the court, to accept the notice and place on record the stand of the GNCTD by filing an affidavit within four weeks. The bench directed Advocate Ashok Agarwal appearing for the petitioner, Advocate Shankar Kumar Jha, Advocate Tanveer Oberoi appearing for AIIMS to file their submission on the issue within the same time period.

Advocate Ashok Agarwal submitted that the petitioners underwent a renal transplant surgery free of cost through a fund provided by the Central Government. "AIIMS provided them medicines out of the remaining funds for two years, but now they have stopped providing the expensive medicines to petitioners which are essential to them,' he submitted.

The counsel for the Central Government Advocate Shankar Kumar Jha contended that AIIMS has performed 1700 renal transplants and it can not provide free-of-cost medicines to every patient. "Besides, health is a subject of the state," he said. Then the counsel for the petitioners argued that the petitioner belonged to the state of Bihar. Therefore, it should be made a party in the matter. The counsel for Central Government submitted that it is not feasible to make Bihar a party here.

The High Court was hearing the plea moved by Surender Kumar through Advocate Ashok Agarwal. The petition sought a direction to AIIMS to also provide free-of-cost post-renal transplant essential medicines namely, Capsule Tacrograf and Tablet Cellcept to petitioner number 1, Surender Kumar, and medicines namely Capsule Pangraf and Tablet Cellcept to the petitioner number 2, Raj Kumar Singh.

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