Bombay HC raps authorities for apathy in tackling shortage of oxygen, medicines

The court hit out at the “callous and negligent conduct” of the authorities in complying with its directions to supply remdesivir to Nagpur

The Bombay high court’s Nagpur bench pulled up the authorities for reducing the oxygen supply to Nagpur to 60 metric tonnes and directed restoration of 110 metric tonnes immediately as it held a rare hearing across three sessions that lasted till around 11.00pm on Wednesday. It pulled up the Food and Drug Administration (FDA) and pharmaceutical companies for failing to rise to the occasion to help Covid-19 patients as it directed raids against hoarders, black-marketers and supply of at least 100 antiviral remdesivir vials to the government-run Medical College and Hospital in Nagpur.

Vials of the drug remdesivir. (AFP)

The court hit out at the “callous and negligent conduct” of the authorities in complying with its directions to supply remdesivir to Nagpur. It refused to adjourn the hearing unless its April 19 order directing the supply of 10,000 vials of remdesivir injection was complied with.

A division bench of justices Sunil Shukre and S M Modak expressed displeasure over affidavits of FDA and district administration “virtually washing their hands” and “passing the buck” to pharmaceutical companies. It found the affidavits to be contradictory. “You are violating fundamental rights of the people,” the bench said and asked whose business was it to procure remdesivir.

Lawyer MG Bhangde, who appeared for the state, told the court about the difficulties in compiling information and collating the facts.

The court directed the Drug Controller of India to remain present virtually or personally on Friday in the court at 2.30 pm and directed him to explain steps taken to ensure equitable and fair distribution of remdesivir in Maharashtra and other states. The court pointed out that the drug controller had powers under Drug Control Act and several other statutes to direct pharmaceutical companies to increase production, ensure proper supply, and also take stringent action in case of non-supply or deliberate undersupply.

The court noted that Maharashtra accounted for 40% of Covid-19 patients and added that the Union health ministry instead of increasing its oxygen quota reduced it. It held the second hearing in the matter in the high court auditorium and directed an immediate meeting of Nagpur’s Covid-19 Task Committee and also distributors, and stockists of life-saving drugs. The court also sought action against black marketers. Within two hours, divisional commissioner Sanjeev Kumar, district collector Ravindra Thakare and the municipal commissioner Radhakrishnan B obtained assurances from the seven drug manufacturing companies about the supply of 6,752 additional vials of remdesivir by Thursday evening.