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Suo moto Cognizance by Bombay High Court for supply of oxygen and Remdesivir drug.
The Bombay High Court took suo-moto cognizance on the supply of oxygen and drug Remdesivir. The matter was heard by a bench of two-judge namely Justices Sunil Sukre and Justice SM Modak. The hearing in the High was Court was primarily about two issues that are supply of life-saving drug "Remdesivir" and lifeline for patients infected by Coronavirus which is Oxygen.
•Hearing in Court about the supply of Drug Remedesivir-
The Court had directed the authorities on 19th April 2021 to provide Nagpur with more than 10,000 vails of the drug. However, the order has not complied fully but few numbers vials were provided. The Division Commissioner of Nagpur submitted information about the supply of drugs between 19th April to 21st April 2021 which stands to be half of what was directed by the Court. Also, it was said that more 6752 vials of the Remdesivir Drugs by tomorrow would be distributed by nodal agency among government and private hospitals. The Court was also presented with information in which seven pharmaceutical companies have given the number of vials of Remdesivir which would be supplied by 22nd April 2021. The Court directed the Joint Commissioner, Food and Drugs Administration, Nagpur to take information about the supply made by Jubliant Company and submit it before the Court as no details in regard to the supply that would be made by the company were presented in court. The experts in the field of medicine present in the court expressed that all the seven pharmaceutical companies have a capacity to produce 88,00,000 vials of the drug Remdesivir in one month which is enough for serious covid patients in the country. To eliminate the black market of this drug, the court can direct the companies to streamline the supply process to all the states in the country, which would also result in no shortage of drugs across the nation. The Court requested the A.S.G.I to take instructions from the Central Drug Controller and regarding the steps to be taken and exercise power under the Drug Control Act,1950 to ensure fair and equal supply in the whole country and also use other relevant laws to prevent undue stocking and black marketing of the drug.
• Hearing in Court about the supply of oxygen-
The Collector of Nagur provided that the total requirement of oxygen for the Vidharbha region is 266.5 metric tons per day and the capacity to generate is 146 metric tons per day. The PRAX AIR and HYPHEN LINDE have been providing 110 metric tons of oxygen per day, but the supply was reduced to 60 metric tons by the Ministry of Health and Family Affairs by a communication dating 18th April 2021. Seeing the share of Covid patients in Maharashtra which stands 40% of the total case in India, the supply of oxygen should have to be 200-300 metric tons, contrary to that it has been reduced to 60 metric tons. Considering the severe situation in Maharashtra and Vidarbha, the Court directed PRAX AIR - Bhilai to restore the supply of oxygen to 110 metric tons per day to Maharashtra till further orders. The Joint Commissioner of FDA, Nagpur was instructed to keep a check on the supply of oxygen in Nagpur. The Divisional Commissioner of Nagpur informed the Court that a Covid treatment facility with a capacity of approximately 1000-1500 beds is being built within 20-30 days near the Llyod steel plant near Wadra.
The Court requested the A.S.G.I and Joint Commissioner of FDA Nagpur to file an affidavit showing their compliance to directions of Court. The Court would hear the matter on 23rd April 2021.
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