Issue of dysfunctional ventilators supplied through PM Cares Fund quite serious: Bombay High Court

Terming it as an issue that was "quite serious", the Aurangabad Bench of the Bombay High Court on Tuesday took notice of the dysfunctional ventilators supplied to districts within its jurisdiction through the PM Cares Funds..Amicus Curiae Satyajit S Bora produced local newspaper reports pertaining to non-functional ventilators in the government medical hospitals of Aurangabad.Chief Public Prosecutor DR Kale informed the Court that these 150 ventilators were received by the Government Medical College and Hospital (GMCH), Aurangabad from the PM Cares fund. .The Court noted that out of 150 ventilators, except the 37 ventilators which are yet to be unboxed, 113 ventilators put to use at government or private hospitals were found to be defective..The Bench of Justices RV Ghuge and BU Debadwar directed the Centre to respond on the action to be taken against the supplier and the remedial action that can be taken to address the issue.The Court expressed that "the situation regarding the dysfunctional ventilators received through the PM Cares fund was quite serious. Ventilators are believed to be lifesaving instruments and malfunctioning can put lives of patients in danger.".The observations were made during the hearing of the suo motu PIL pertaining to COVID-19 management in the districts amenable to the Aurangabad Bench's jurisdiction. The issues pertained to shortage of medical oxygen, black marketing of Remdesivir, and treatment for Mucormycosis, among others. .Kale also informed the Court that a company named Jyoti CNC had manufactured the ventilators. 17 of these ventilators used in GMCH had developed extremely serious flaws.Referring to letters received from private hospitals, Kale informed the Court that 41 ventilators which were supplied to private hospitals were found to be non-functional. The hospitals had refused to use them as the ventilators created a serious threat to the life of the patients.The Dean of another government hospital in another districts also informed the Court that none of the ventilators supplied were worthy of being put to use. .The Bench was also told that 64 ventilators supplied by several industrial establishments like Good Year Tyres, Cosmo Films, Bajaj Auto Limited, etc are perfectly operational and are flawlessly working..The Court observed that the errant companies should not be permitted to get away with this. It thus directed Additional Solicitor General Ajay G Talhar to reveal what measures the Centre will take on this issue..Citing newspaper reports, the Court noted that some elected representatives had intervened in the issue of non-functional ventilators supplied through the PM Cares Fund by visiting GMCH."We express our displeasure as regards such indulgence by the peoples representatives. This is likely to cause more botheration to the medical faculty than render any assistance. Contrary statements are being issued by the politicians which we find distasteful as some politicians have visited the hospital, posing as if they have the knowledge and the expertise to inspect the ventilators and recommend correctional steps. We would appreciate if political colour is not attached to this issue of dysfunctional ventilators.".The matter will be next heard on May 28..[Read order here]