What action is proposed against firm supplying faulty ventilators through PM Cares: Bombay HC

The Aurangabad bench of the Bombay high court (HC) on Tuesday directed the Centre to inform it about the action proposed to be taken against the supplier who provided 150 ventilators through the Prime Minister (PM) Cares Fund after news reports stated that 113 ventilators which were unboxed turned out to be defective

The Aurangabad bench of the Bombay high court (HC) on Tuesday directed the Centre to inform it about the action proposed to be taken against the supplier who provided 150 ventilators through the Prime Minister (PM) Cares Fund after news reports stated that 113 ventilators which were unboxed turned out to be defective.

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The bench took serious cognisance of the issue and sought to know from the Centre as to what remedial steps it proposed to take to address the issue as the ventilators were to be used in government and private hospitals in the Marathawada region.

A division bench of justice Ravindra Ghuge and justice Bhalchandra Debadwar was hearing the suo motu public interest litigation (SMPIL), instituted after news reports pointed to issues pertaining to shortage of medical oxygen supply, black marketing of Remdesivir, funeral rites of Covid-19 patients and the inability of the common man to foot the huge bills for treating the black fungus infection, among others. Amicus curiae Satyajeet Bora submitted news reports which stated that 113 of the 150 ventilators provided through the PM Cares Funds were non-functional.

Chief public prosecutor DR Kale representing the state informed the bench that the ventilators were manufactured by a company named Jyoti CNC with model name DHAMAN- III. He submitted that the dean of Government Medical College and Hospital (GMCH), Aurangabad had received the same and had deployed 17 ventilators in GMCH. However, the ventilators developed extremely serious flaws which would impact the treatment of patients. The flaws included low inlet oxygen pressure and the patient becoming hypoxic which was life-threatening.

The bench was further informed that 55 ventilators were distributed to Hingoli, Osmanabad, Beed and Parbhani districts and 41 ventilators were allotted to private hospitals asking them not to claim ventilator charges from patients. The remaining 37 ventilators with the GMCH were yet to be unboxed.

Kale referred to letters from private hospitals which indicated that all the 41 ventilators provided to them were non-functional and posed a serious threat to the life of the patients, hence declined to use the ventilators and asked the authorities to take them back. The dean of a government hospital in Ambajogai, Beed district also informed that the ventilators were not worthy of being used.

“We find the situation as regards to dysfunctional ventilators through the PM Cares fund to be quite serious...ventilators are believed to be lifesaving instruments and malfunctioning can put lives of patients in danger,” observed the bench.

The court expressed serious concerns over the malfunctioning ventilators and noted that the dean of GMCH was justified in his decision of not unboxing the remaining 37 ventilators.

The court then observed that the 74 ventilators supplied by several industrialists including Garware Polyester, Bajaj Auto, Hindalco etc. were functioning perfectly and flawlessly and said, “The company (Jyoti CNC) should not get away with this. It is the state exchequer money, it’s not bounty to be distributed.”

The Court also expressed its displeasure over politicians jumping on to the issue and visiting GMCHs to find out whether ventilators were functioning properly. “We express our displeasure as regards such indulgence by people’s representatives. It is likely to cause more botheration to medical faculty than render any assistance,” noted the bench and posted hearing of the suo motu PIL next on May 28.