Restore 110MT oxygen supply to Nagpur, ensure distribution of Remdesivir: Bombay HC

The Nagpur bench of Bombay high court (HC) took strong exception to a decision by the Union ministry for health and family welfare (MoHFW) to reduce oxygen supply from a Bhilai supplier to Maharashtra and directed its restoration with immediate effect, in a late-night hearing on Wednesday

The Nagpur bench of Bombay high court (HC) took strong exception to a decision by the Union ministry for health and family welfare (MoHFW) to reduce oxygen supply from a Bhilai supplier to Maharashtra and directed its restoration with immediate effect, in a late-night hearing on Wednesday.

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A division bench of Justices Sunil Shukre and S M Modak referred to the Centre’s communication of April 18, which cut down the oxygen supply from Bhilai-based oxygen supplier, Prax Air-Linde, from 110 MT to 60 MT, saying that it “hit the state of Maharshtra as a bolt from the blue”.

“In this situation of emergency poignantly enveloping a region which accounts for almost 40% Covid patients of the entire nation, the communication from the Ministry of Health and Family Affairs should have been to the effect of increasing the supply of liquid oxygen to the State of Maharashtra from the present practice of 110 metric tons per day to somewhere between 200 to 300 metric tons per day.”

“Unfortunately, the things have been turned in a reverse manner and it has affected very severely Covid patients in the State of Maharashtra and in particular the Vidarbha Region,” the bench said.

The court noted that Nagpur requires 166.5MT of oxygen, while other districts of Vidarbha region, which encapsulates Nagpur, need 100MT. The fall in supply from Bhilai caused a shortfall of around 100MT. Nagpur has oxygen generating units with 146MT capacity.

“We have also been told that PRAX AIR, HYPHEN LINDE had been, till recently, supplying 110 metric tons of liquid oxygen every day. But, now this supply has been reduced to 60 metric tons as per the communication dated 18.4.2020 issued by the Ministry of Health and Family Affairs, New Delhi. The figures noted down just now would show that there is a shortfall of about 100 metric tons between the demand and supply of oxygen and on the backdrop of this shortfall, the communication dated 18.4.2020 has hit the State of Maharashtra as a bolt from the blue,” the bench said.

The court sought appropriate instructions from the Ministry of Health and Family Welfare and directed the joint commissioner, Food and Drugs Administration, Nagpur to see to it that there is no breakdown in the supply of oxygen to all the hospitals in Nagpur.

The bench directed the Central Controller of Drugs to be present on Friday for a hearing at 2.30 pm, with “all necessary information, and facts and figures”.

This hearing was in continuation of Monday’s suo moto cognizance of the insufficient quantity of Remdesivir in Nagpur compared to other districts, following which the HC had ordered an immediate supply of the anti-viral drug to Nagpur.

Stung into action, the authorities led by the divisional commissioner Dr Sanjeev Kumar, the district collector Ravindra Thakare and the municipal commissioner Radhakrishnan B obtained assurances from seven drug manufacturing companies for the supply of 6,752 additional vials of Remdesivir latest by Thursday evening.

Condemning the negligent conduct of the authorities in complying with its directions to supply 10,000 Remdesivir vials to Nagpur, the HC blasted the authorities on Wednesday night, in a hearing which lasted till 11pm, as it refused to adjourn the hearing unless the order of April 19 directing the state to supply 10,000 vials of Remdesivir injection was complied with.

The bench made its displeasure clear over tone and tenor of the affidavits filed by the FDA and district administration, which it said appeared to be passing the buck on to pharmaceutical companies.

“You are violating fundamental rights of the people,” the High Court observed and asked them whose business it was to procure Remdesivir.

“We feel ashamed of being a part of this nasty and evil society. We cannot do anything for the unfortunate patients of Maharashtra. This is how we are shirking our responsibilities. You are neglecting and ignoring our patients. We give you solution, you don’t follow it. You do not give us solution,” the bench said.

Senior Counsel MG Bhangde, appearing for the State, candidly and quite forthrightly informed about difficulty in compiling information and collating the facts, and put forth the real picture before the court in presence of officials.

In the second hearing held earlier this week, the HC directed the Nagpur Covid-19 Task Force, distributors, C&F agents and stockists of life-saving drugs to convene and initiate stern action against black-marketers.

It noted the alleged malpractice of a Gujarat-based company where it was reported that the company was planning to export 60,000 vials of Remdesivir outside India despite a ban on export.

The High Court noted that such incident would only indicate the possibility of indulgence in malpractices by some unscrupulous dealers, suppliers and manufacturers. It is always advisable for the authorities to take precautions and periodical checks, the court remarked.

The HC pointed out that the Drug Controller of India had immense 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 under-supply. T

It asked the central body to explain in detail steps taken to ensure fair and equitable supply of life-saving drugs before the court on Friday.