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The Bombay High Court (Nagpur Bench) directed the Maharashtra government to pertinently release 10,000 vials of Remdesivir by Monday night, adding that this issue is required to be resolved on a "war-footing".

A bench of Justices Sunil Shukre and S.M. Modak was hearing petitions concerning the shortages in medicines and medical infrastructure for combatting the pandemic situation, which is currently writ large in the state.

"We find it necessary to issue some directions to the state committee with a view to ensure fair and proportionate distribution of Remdesivir drug amongst various districts by following the principle - Dire the need, surer the supply"
- Bombay High Court

Court observed that the State Government must release the vials of Remdesivir drug for being distributed to covid hospitals in Nagpur District, particularly considering the fact that there was no allocation of this drug on 13.4.2021 and 18.4.2021 and very short supply of this drug on 17.4.2021. "These vials shall be released latest by 10 p.m. today," the court said.

The Court noted,

"What has come to the fore and all the stake holders also agree, that covid scenario in Nagpur has turned to it’s worst ever and the situation is of the gravest order so much so that there are no beds available, that there are no life saving drugs available in sufficient quantity, that there is not available sufficient supply of oxygen and there is also dearth of medical and paramedical staff"

Making strong comments against the State Government for its arbitrary allocation of the live saving drugs as compared to the beds, Court noted that it is the solemn duty of the state to save and preserve precious life of every citizen under Article 21 of the Constitution of India.

Court stated that there has been some arbitrariness in district-wise distribution of Remdesivir vials and this requires to be corrected forthwith. "We do not understand the logic behind supply of 5328 vials of Remdesivir as against 2664 covid beds in Thane district and in respect of release of 3326 vials of this drugs as against 8250 covid beds in Nagpur," said the bench.

In this context, Court commented that it would be failing in its duty it doed not remind the state government of this solemn obligation to save and preserve human life by doing whatever is possible for it today in this direction.

Court has also directed We also direct the State of Maharashtra and also the Centre to place on record, details about regulation of production and supply of Remdesivir drug by the seven companies and it’s distribution amongst the various States, the parameters followed in this regard as well as the state government as well as the daily requirement placed by State Committee and other relevant details.

On the issue of shortage of oxygen supplies, Court has directed the State as well as Collector, Nagpur and Commissioner, Municipal Corporation, Nagpur and also Central Government, if required, to grant all necessary permissions to all the private covid hospitals which are interested in setting up their own oxygen generation plants / units.

Taking stock of the fact that that even though specific orders have been passed the Collector and Commissioner in the capacity as nodal authorities under the Epidemic Act and Disaster Management Act, requisitioning the services of medical and paramedical staff and other kind of services and facilities for the purpose of containment of covid 19 pandemic, the orders are not being strictly complied with by some of the medical and paramedical personnel and some of the institutions and organizations, the bench noted that,

"We must remind such reluctant or disobedient service providers and duty renderers that if they do not comply with the orders passed by these nodal authorities, they would be failing in their constitutional obligation and they would be doing so at their peril inviting coercive action against them."

Court further stated that police protection may be set up at "hot-spots" such as hospitals, centers of supply of drugs and oxygen manufacturing units of essential goods, chemicals and drugs, oxygen refilling or distribution centres etc. in order to avoid any unpleasant situation.

Court also took stock of the railway hospitals rakes which are already equipped with oxygen beds for being used for giving treatment to covid patients and directed that the Commissioner do the needful so that the vacant beds can be put to use.

Case Title: Suo-Motu P.I.L. No.4 of 2020 (Court on its own motion vs. Union of India and Ors.)