"Serious issues of importance": Bombay High Court seeks response from Centre, State in PIL claiming mismanagement of COVID-19 crisis

The Bombay High Court on Tuesday sought responses from the Central and State governments in a plea alleging improper management of COVID-19 medical treatment in Maharashtra.

. Advocate Arshil Shah, appearing for the petitioner stated that the "second wave of the pandemic is already in motion" and that the Union and State governments, as also the Brihanmumbai Municipal Corporation (BMC), have failed to systematise the medical treatment of the virus.

. He submitted that the number of patients were outnumbering beds and that there was shortage of oxygen and Remdesivir too.

. The Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni sought to know if all the respondents in the matter were served.

. During the course of the hearing, the Bench objected to the reliance on political comments in the plea.,

"When you file a PIL, do you use political comments in them? You are a lawyer, the petitioner is a lawyer, you should have been careful," CJ Datta stated.

He also mused whether the intention behind filing the PIL was for the benefit of the underprivileged or to highlight a political issue.

. The Court adjourned the hearing to Thursday since only the State government was represented.

. Acknowledging that the petition raised "serious issues of public importance," the Bench directed the respondents to come prepared with instructions on the next date of hearing.

. The petitioner in this case, Mumbai-based lawyer Sneha Marjadi, has sought for directions from the Court to:

Call for a status report on the availability of beds in hospitals, laboratory test facilities and procurement of Remdesivir and oxygen; and

Monitor the situation on procurement of Remdesivir or any other effective medical drug used to treat COVID.

. The following issues have been raised in the plea.

. The plea points out that there are huge queues outside laboratories for RT-PCR tests and that there is delay in home visits for the test. It is stated that if it takes 2-3 days to get the results, the availing of medical treatment for COVID-19 is further delayed.

. Marjadi informed the Court that BMC Hospital has denied a rapid antigen test without a medical prescription. She thus sought the Court's intervention in order to examine whether the administrations of other hospitals may have similarly denied antigen tests.

. Marjadi has pointed out that due to the rise in COVID-19 cases, the public at large are waiting for hospitalisation due to non-availability of beds.

. She suggested the creation of an online portal giving real time details of the availability of vacant beds and occupied beds under different categories for COVID-19 patients. Marjadi added that this will also save time for patients and family members in reaching the appropriate hospitals.

. Relying upon media reports and posts, Marjadi has submitted that COVID-19 patients are dying due to shortage of oxygen and the governments have failed in providing the same. Marjadi claimed that where oxygen machines were available, they were being sold at exorbitant prices inaccessible to middle and lower class families.

. The plea also submitted that the COVID hospitals and centres were facing a dearth of Remdesivir injections. It is claimed that vials of the drug are being sold at high prices, taking advantage of the dire conditions.

Marjadi relied upon reports by various news channels and newspapers to bring to the Court's attention the issue of black marketing of injections.

. The plea prayed for the Court's intervention to monitor the supply chain of the injection from the pharmaceutical companies to the hospitals at a constant price so as to stop black market sale and panic situation due to unavailability.

. The plea relied upon the order of the Allahabad High Court passed on Monday calling for a lockdown in Uttar Pradesh, as well as the order of the Nagpur Bench of High Court directing the State to provide Remdesivir vials to Nagpur district.

. The plea will be listed for hearing on Thursday.

"Serious issues of importance": Bombay High Court seeks response from Centre, State in PIL claiming mismanagement of COVID-19 crisis

Neha Joshi

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