"Ashamed to be part of nasty society:" Bombay HC to hold special sitting at 8 PM today to force State's compliance on Remdesivir supply to Nagpur

The Nagpur Bench of Bombay High Court pulled up State authorities for non-compliance with its order passed on Monday directing State authorities to supply 10,000 vials of Remdesivir injections to the Nagpur district. .Senior Counsel MG Bhangde appearing for the State submitted two affidavits, one filed by the Joint Commissioner (FDA) and the other by Additional Collector, Nagpur. After perusing the same, the Court found that their contents were contradictory. .The Bench of Justices SB Shukre and SM Modak reprimanded the State authorities remarking that they seemed to have shirked away their responsibilities of giving relief to Covid-19 patients.."This life saving drugs not being made available is violating the fundamental rights of people. It is now clear that these authorities are shirking responsibilities," the Court said..The Court in very strong words rebuked the State authorities while lamenting about the plight of COVID patients in the State. ."If you do not feel ashamed of yourself, then we feel ashamed of being a part of this nasty society. We cannot do anything for the unfortunate patients of Maharashtra. This is how we are shirking from our responsibilities. You are neglecting and ignoring our patients. We give you solution, you do not follow it. You do not give us solution. What absolute nonsense is going on here!" Justice Shukre added..The Court is now scheduled to hold a special sitting at 8 PM today to work out modalities to ensure compliance by the State authorities with its order to supply Remdesivir. .During the hearing today, the initial leg of which happened through video conference, Bhangde referred to an affidavit filed by the Food and Drugs Administration (FDA), Maharashtra, which stated that the FDA was not the procurement agency and hence not in a position to comply with the directions of the Court. .He further informed the Court that the Haffkeine Bio Pharmaceutical Corporation Ltd. was the agency appointed by the State Government to procure medial equipment and drug as per requisition received by it from civil surgeons. The procedure was by inviting tenders which is ongoing. He further added that as soon as Haffkein receives supply, the same is supplied to various government hospitals in Maharashtra. .For private hospitals, Bhangde stated that there was a depot at Nagpur where the manufacturing companies send their injections and the State government has no role to play in it. As soon as the stock arrives, the FD Commissioner Mumbai informs FDA about the same and that is relayed to the District Collector who ensures the vials are distributed. .Bhangde clarified that the statement in April 19's order which stated that there is a state level committee was incorrect as there is no such committee..Bhangde read from the affidavit of the District Collector which stated that on April 19, they were not in a position to provide 10,000 Remdesivir injections as on that particular day "when the enquiry was made at State level, it was found out that these number of vials of Remdesivir were not available for distribution for Nagpur district"..Advocate Tushar Mandlekar appearing for one of the intervenors submitted there were patients without medical facilities in Nagpur. He also sought strict action against the authorities for not complying with the order of the Court. .Justice Shukre did not hide his shock. "If he (Commissioner) is not the procurement agency for the vaccine, then whose bloody business is it? You are saying that you are not in a position to comply with the order.. then what is the solution according to you? You are saying there was stock, but not available for Nagpur. How come Thane gets more and Nagpur gets less is not explained," Justice Shukre said..Court stated that their intention was not to take harsh actions against anyone but to ensure that citizens do not suffer. We cannot let officers continue to shirk their responsibilities.."We thought this order would have supported you in procuring the vials. But instead you are defending their actions. You are siding with the officers of Mumbai. And Nagpur people are left high and dry. Not just Nagpur but also other cities in Maharashtra." .Dissatisfied at the State's responses, the Bench decided mid-hearing that it would have to switch to physical mode from video conference due to connectivity issues and also to ascertain from a responsible official about the exact position as regards the issues raised in the petition Justice Shukre, therefore, sought the presence of the Collector or any other responsible officer from his department to remain present for physical hearing. .The physical hearing commenced at 4 pm when the Court directed the COVID-19 Committee to hold an emergency meeting today itself and respond positively to the Court by 8 pm..The Bench also said how it came across an article on the alleged malpractice of a Gujarat based company where it was reported the company was planning to export 60,000 vials of Remdesivir outside India despite a ban on export. .The Bench noted that such incident would only indicate the possibility of indulgence in malpractices by some unscrupulous dealers, suppliers and manufacturers. It is always advisable for the authorities to take precautions and periodical checks, the Court remarked..With these observations, the court adjourned the hearing till 8 pm today. It strongly indicated that under no circumstances will it adjourn the hearing to some other date unless their order directing distribution of vials is complied with..[Read order here]