Bombay HC adds supplier of faulty ventilators as respondent

The Aurangabad bench of the Bombay high court (HC) on Monday directed the inclusion of the Rajkot company, which supplied faulty ventilators, as a respondent in the suo motu public interest litigation (PIL) initiated after it was informed that nearly 34 of the 250 ventilators supplied to Marathwada region were faulty and dysfunctional

The Aurangabad bench of the Bombay high court (HC) on Monday directed the inclusion of the Rajkot company, which supplied faulty ventilators, as a respondent in the suo motu public interest litigation (PIL) initiated after it was informed that nearly 34 of the 250 ventilators supplied to Marathwada region were faulty and dysfunctional. The directions were issued after the court was informed that despite court orders, the company has failed to repair or replace the dysfunctional ventilators. The company has been asked to respond by July 5.

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The division bench of justice Ravindra Ghuge and justice Avinash Gharote was hearing the suo motu PIL which was filed based on news reports pointing to mismanagement of the second wave of Covid and other issues faced by citizens while getting treated for Covid-19 and mucormycosis among other issues including the faulty ventilators which had been supplied to Marathwada region through the Union ministry of home and family welfare.

In earlier hearings, the court was informed by the amicus curiae and state counsels that 117 of the 150 ventilators distributed to hospitals in Marathwada region after March had malfunctioned and that doctors were not willing to use them on patients.

An expert committee of doctors and technicians had submitted a report stating that the ventilators were not safe for use, following which the court had directed the Union government to ensure that the company, which provided the ventilators, repaired or replaced the faulty machines. The court had also chided the Union government for taking a soft stand against the company — Jyoti CNC, which is based in Rajkot.

On Monday, the court was informed that earlier in January this year, Marathwada had also received 100 more ventilators manufactured by the same company and 27 ventilators from that batch were dysfunctional. A total of 34 ventilators — 27 ventilators from the previous batch and seven ventilators from second batch — were faulty.

Chief public prosecutor DR Kale told the bench that after the court ordered repair or replacement of the machines, the company had taken back 41 ventilators from the batch of 150 and had repaired them. However, as the court had not passed any orders regarding the faulty ventilators from the earlier batch, the company had not repaired or replaced them.

Following the submissions, amicus curiae SS Bora suggested that as the company was not conducting itself properly, it should be impleaded as a party to the suo motu PIL. The court agreed and directed issuance of notice to the company. The company is the 44th respondent to be added in the PIL.

The court has posted hearing of the petition to July 5.