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Respond to allegation of mismanagement of second Covid-19 wave, HC asks Centre, state, BMC
The Bombay high court (HC) has directed the Union of India, state government and the Brihanmumbai Municipal Corporation (BMC) to respond to public interest litigation (PIL) filed by an advocate which has alleged mismanagement of resources and inability of the state to provide adequate beds, oxygen and Remdesivir drug to Covid-19 affected patients, while private trusts were providing the same easily
The Bombay high court (HC) has directed the Union of India, state government and the Brihanmumbai Municipal Corporation (BMC) to respond to public interest litigation (PIL) filed by an advocate which has alleged mismanagement of resources and inability of the state to provide adequate beds, oxygen and Remdesivir drug to Covid-19 affected patients, while private trusts were providing the same easily. The court also observed that rather than canvassing public interest the petition was more politically inclined and asked the advocate to justify the same and posted the hearing of the PIL for Thursday.
A division bench of chief justice Dipanakar Datta and justice Girish Kulkarni, while hearing the PIL filed by advocate Sneha Marjadi, was informed by advocate Arshil Shah that lack of facilities during the pandemic has resulted in the violation of fundamental rights of the citizens of the state including their right to life and personal liberty under Article 21 of the Constitution.
Shah submitted that even though the second wave of Covid-19 pandemic was underway the authorities failed to streamline the medical facilities as a result of which people had to run from pillar to post seeking redressal. He further submitted that the number of patients outnumbered beds and there was a shortage of oxygen and Covid-19 drugs. He added that coupled with that there was poor management of disposal of dead bodies as crematoriums were running out of wood and the electric crematoriums were over-heating and melting hence all these issues needed to be addressed urgently.
Shah referred to the recent order of the Nagpur bench of the HC, wherein after its directions, the Nagpur region got nearly 10,000 Remdesivir vials in a day, hence sought similar interventions from the court.
The PIL has sought to monitor the supply chain of Remdesivir injections from the pharmaceutical companies to its procurements in hospital, to curb black-marketing and profiteering that create a panic situation due to unavailability and overpricing of the medicines. Marjadi has also sought a status report on the availability of Covid-beds, lab testing facilities and procurement of Remdesivir and oxygen.
While referring to social media posts of the politicians annexed to the PIL, the bench questioned Shah, “When you file a PIL, why would you include political comments? Are you interested in the benefit of the underprivileged, poor and needy or you want to highlight political issues…We are not influenced by any political comments. You should be careful.” Shah responded that it was added to show the influence of politicians in decision making but would delete the same.
After the state government lawyer sought time to take instructions from the official, the bench asked advocate general Ashutosh Kumbhakoni to appear on behalf of the state government and address the issues raised in the petition before it. The court also asked the Centre and BMC lawyers to take ‘complete instructions’ and respond to the PIL during the next hearing on Thursday, April 22.
