Litigation News

Bombay HC seeks State's response in plea to cap prices of PPE kits in Private Hospitals

A petition has been filed in the Bombay High Court praying for the Court's intervention in view of exorbitant prices charged for PPE kits by private hospitals and nursing homes amid the ongoing coronavirus pandemic.

Lydia Suzanne Thomas

A petition has been moved in the Bombay High Court praying for the Court to intervene and cap the prices of Personal Protective Equipment (PPE kits) sold in private hospitals and nursing homes during the ongoing pandemic (Abhijeet K. Mangade v. State of Maharashtra & Ors).

A Division Bench of Chief Justice Dipankar Datta and Justice Sarang S. Kotwal has taken note of petitioner, Abhijeet K. Mangade's submissions, observing that the issue raised by him “deserved consideration.

After directing the State of Maharashtra and other respondents to file affidavits-in-response, the Bench adjourned the matter to August 7, 2020, for further hearings.

Mangade is arguing the petition himself, while Government Pleader PP Kakade and Additional Government Pleader Nisha Mehra appeared for the State. Advocate Ish Jain, with Advocates Amrutha Thakur and Kiran Jain are representing another respondent.

Earlier, in June, a similar plea was filed in the Delhi High Court challenging the exorbitant rates charged for PPE kits in public hospitals. The same was argued to be violative of the right to equality and the right to life under Article 14 and Article 21 of the Indian Constitution, respectively.

Pleas have also been moved in the Madras, Gujarat and even the Bombay High Courts seeking restrictions on the rates charged by hospitals for COVID-19 treatment.

While dealing with similar issues, the Gujarat High Court had earlier observed, "The Government should provide high-quality N95 mask, sanitizer, sterile and non sterile gloves, PPE kits, ventury and high flow oxygen mask, ventilator tubings, filters and similar items to all the COVID facilities at its own expense"

Read the Bombay HC order here:

Abhijeet K. Mangade v. State of Maharashtra.pdf
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