[COVID-19] Nagpur Bench of Bombay High Court holds 8 pm sitting; issues directions on Oxygen supply, Remdevisir distribution in Nagpur

In view of the COVID-19 pandemic in Maharashtra and the issues faced by people of Nagpur due to the shortcomings in medical aid, the Nagpur Bench of Bombay High Court issued a slew of directions late evening on Wednesday to provide immediate relief to COVID patients. .At a special hearing held at 8 PM, a Bench of Justices SB Shukre and SM Modak passed directions on two fundamental issues:Oxygen supply in hospitals;Adequate supply of the drug Remdesivir.The Court was hearing a suo motu Public Interest Litigation (PIL) registered to consider issues concerning COVID-19 management in the city of Nagpur..On Oxygen supply.The Court was informed by advocate Tushar Mandlekar, appearing for an intervenor, that the supply of Oxygen in the State was disappointing and had been reduced. It was submitted that Nagpur alone requires over 166 metric tonnes of Oxygen while other Vidarbha districts in Maharashtra need 66 metric tonnes. .Pertinently, it was pointed out that the supply of Liquid Oxygen from the Bhilai steel plant had also been reduced."Things have turned in reverse manner. Instead of increasing supply of liquid oxygen, the supply has been decreased. There is dire need of oxygen in Maharashtra," the Court remarked expressing its disapproval..The Court, therefore, ordered the Bhilai plant to continue the earlier practice of supplying 110 metric tonnes per day to Nagpur district. "There should be no lack of oxygen supply to hospitals in Nagpur," the Court emphasised.If any hospital runs low on Oxygen, then a notice should be sent to the Joint Commissioner, Food and Drug Administration, Nagpur, Additional Commissioner, Nagpur and COVID-19 committee instituted by the Court, it was added. .Supply of drug Remdesivir.This was one of the key issues deliberated by the Court on Tuesday and Wednesday afternoon. The hearing at 8 PM on Wednesday was, in fact, scheduled by the Court after it found that the State authorities had not complied with the Court's direction to supply the drug to Nagpur district. .When the matter came up for hearing at 8 PM, the lawyers apprised the Court that out of the 10,000 vials of the Remdesivir ordered by the Court, to be supplied to the district, some of the vials had already been released and distributed. .However, it was submitted that over 6,000 more vials of Remdesivir would be needed. Accordingly the Court directed that a further supply of 6,752 vials of Remdesivir be provided to Nagpur district latest by Thursday to be fairly distributed among all hospitals..The Bench was informed that there are seven companies actively involved in the supply of the drug and six out of them have ensured supply by Thursday. In view of this, the nodal authorities were directed to distribute the vials among all government and private hospitals latest by Thursday evening..Additional Solicitor General UM Aurangabadkar informed the Court that the total production capacity of all seven companies was approximately 88 lakh per month. He argued that this would be sufficient to cater to the needs of the serious COVID patients in India..Therefore, if the supply by the companies is streamlined, then there ought to be no shortage in supply of the drug and it would also help in eliminating the malpractices and sale in black market..The Court directed the ASG to obtain instructions from the Food and Drug Administration, Nagpur on the steps undertaken to ensure the "fair and equal distribution" of Remdesivir drug not only to Vidarbha region or State of Maharashtra but to the country at large..The Commissioner of FDA was also directed to remain present for the next hearing to apprise the Court of the steps taken by them to ensure proper supply of the drug in the country and prevent unnecessary hoarding of the drug..As the hearing drew to a close, the Court appreciated the efforts and positive assistance of the amicus curiae SP Bhandarkar, ASG, Senior Counsel MG Bhangde with Additional Government Pleader Deepak Thakare, along with other lawyers for intervenors and government officials.."By remaining present in this hall of justice, the personalities have only subserved and enhanced the cause of justice," the Court said. .The matter will be heard next on Friday via video conference.