High time that MRP is fixed for oxygen concentrators, other COVID-19 treatment equipment: Delhi High Court

A Division Bench of the Delhi High Court on Wednesday emphasized that it is high time that the government fixes the Maximum Retail Price (MRP) payable for oxygen concentrators and other equipment used to treat COVID-19. .A Bench of Justices Vipin Sanghi and Rekha Palli also recorded this aspect in its interim order passed after submissions were made in relation to cases registered for black marketing and hoarding of COVID-19 related drugs and equipment. ."It is high time that MRP for oxygen concentrators and all other equipment for the treatment of COVID - for which there is much demand - is fixed so malpractices are immediately stemmed," the Court's order stated..The Court was hearing cases related to COVID-19 management in the national capital. .The Court also noted that as early as June 2020, there was a call to fix prices on imported or domestic equipment, but the process was left incomplete..The Bench passed its order in view of submissions made by advocate Sanjeev Sagar on how certain lower courts and public prosecutors appearing before such courts were unaware of the High Court's orders already passed on such issues. .In this regard, Sagar referred to media reports concerning court proceedings in a case where the Delhi Police had seized oxygen concentrators. ."If this way the public prosecutor argues before lower court, everybody will go scot-free," he argued. .Justice Sanghi, in turn, informed that the Court has already directed the State to ensure that Public Prosecutors are made aware of the High Court's orders. .Amicus curiae Rajshekhar Rao pointed out that there appeared to be certain gaps in the law that could be exploited by persons hoarding such equipment. .He pointed out that trial courts may be unable to enforce orders passed by the High Court, although the High Court may exercise contempt jurisdiction to punish violators. .Another issue is whether such offences should be prosecuted by the police or Drug Department authorities..Pertinently, he highlighted that in the absence of a fixed price by the government, people can claim that they are importing the equipment legally and that there is no black marketing involved. .People will escape prosecution in the long run because of these gaps, Rao submitted. .The High Court also agreed that the failure of the State to fix a price on such equipment may be taken advantage of to sell the same at exorbitant and unconscionable rates. .The Centre, represented by ASG Chetan Sharma and advocate Amit Mahajan told the Court that they would get back on the issue by tomorrow. .On a suggestion by Senior Advocate Rahul Mehra, appearing for the Delhi government, the Court has also directed advocate Sagar to prepare a note that can be communicated to all Public Prosecutors to ensure that they are aware of the High Court's orders on the issue. This is to senstise Public Prosecutors on the subject so that they may proceed accordingly when conducting cases relating to black marketing or hoarding amid the pandemic, the Court said. .A status report on this front has to be placed before the Court by Monday. .The Court initially said that it would take up the matter on Thursday. However, the Bench indicated later in the afternoon that it may not hear the COVID-19 related cases tomorrow since the Supreme Court was slated to hear the suo motu COVID-19 case before it on the said day. .Read a live account of the hearing: