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PIL Highlighting New Issues Relating to COVID-19 Filed at Bombay High Court
Facts and Background:
The State Government and the Union of India were summoned to file affidavits on the issue of the drug Remdesivir & Tocilizumab's availability in Pune and other rural areas, its extra-legal supply in violation of the official protocol, supply of Oxygen, and the creation of a real-time dashboard that would provide realistic information about various aspects of the disease. The lack of ventilator beds at Satara, Solapur, Baramati, Kolhapur, and Pune has also been a source of concern. The affidavits were presented on behalf of the State Government, the Union of India, and the Municipal Corporation of Greater Mumbai under the said orders (MCGM). The Court then heard the learned Counsel for the Respondents make the following submissions.
Submissions before the Court
Mr. Kumbhakoni, the learned Advocate General, made the following remarks in reaction to an increase in cases of black fungus, often known as "mucormycosis." According to him, the condition is now being treated as a notified disease, and plans are being prepared to deal with the increasing number of patients. An "Online" gateway has been established. The Haffkine Bio-Pharma Institute has begun steps to develop in-house manufacturing of the medicine "Amphotericin-B," which is currently in short supply.
By June 6, 2021, 40,000 doses are scheduled to be available. He stated that the daily needs for such medicine are approximately 14000 vials, however, the Central Government has allocated an average of 4000 to 5000 vials per day. The learned Additional Solicitor General, Mr. Anil Singh, stated that the Central Government has taken steps to provide new licenses to individuals who wish to manufacture the aforementioned medicine.
Mr. Sakhare stated that not only was there sufficient oxygen supply but that a buffer store was also maintained. The LPG furnace at Walkeshwar's cremation has also been made operational. There is adequate infrastructure for pediatric patients. It is also mentioned that they are working to increase the number of pediatric beds available. Every two hours, the real-time dashboard is also updated. Mr. Kumbhakoni further noted that the Maharashtra Nursing Homes Act is being amended to implement the fire safety standards.
Court’s observation
The Court believes that the authorities cannot allow an illegal supply of pharmaceuticals to take place, putting patients' lives in danger if the medicine turns out to be fake. The Court believes it is appropriate for Mr. Ukunde to send a thorough message to the Secretary of the Urban Development Department, as well as to the Municipal Commissioners of all Maharashtra municipal corporations/councils, outlining his recommendations. The suggestions would be applied if they were deemed appropriate. In the interest and safety of hospitalized patients, the Court allows the State Government to make notices and/or ordinances to adopt such emergency measures. The Court also accepts Mr. Kumbhakoni’s instructions to appoint a committee of experts to look into the setting up of an omnibus dashboard for the medical requirements of the citizens.
Held:
The Court has asked the Central Government to finish the investigation into Remdesivir hoarding and black marketing within three weeks, after which an appropriate order will be issued. Mr. Kumbhakoni has been ordered by the Court to acquire information from the respective District Collectors and to determine whether all treatment facilities are available in rural regions. The Court ordered that the authorities should give a tabular explanation of the various needs and that they must investigate the non-availability of ventilator beds. The Court also ordered for the formation of a Taskforce as a contingency plan, similar to the Paediatric Task Force that has previously been established. The hearing on the applications was postponed until June 2, 2021.
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