The Bombay HC heard a suo moto PIL registered to consider issues concerning COVID-19 management in the city of Nagpur.

The Nagpur Bench of Bombay High Court comprising division bench of Justice SB Shukre and Justice SM Modak issued a slew of directions late evening on Wednesday night to provide immediate relief to COVID patients.

“Heard at this late hour of the night. The reason for keeping this special hearing at this hour of the night is to provide immediate succour to the Covid patients who are suffering no end in the present situation of scarcity and non-availability of almost every essential service, insofar as their medical management is concerned.”- observed the bench.

The hearing was primarily confined to two fundamental issues, the issue of adequate supply of what is considered to be a lifesaving drug, Remdesivir and what is considered to be a lifeline of the COVID patients, oxygen supply.

According to the information supplied by the Divisional Commissioner, Nagpur, between 19.4.2021 and 21.4.2021, 5245 vials of Remdesivir drug have been distributed in Nagpur and this amounts to half compliance with the directions given by the Court on 19.4.2021. It was further shows that 6752 vials of Remdesivir drug would be received in Nagpur tonight or latest by tomorrow and as soon as they are received, they would be fairly and equitably distributed amongst the government and private hospitals by nodal agency.

“In view of above, we direct the nodal authority to distribute all these vials equitably amongst all private and government hospitals latest by tomorrow evening.”

The Court directed the ASG to obtain instructions from the Food and Drug Administration, Nagpur on the steps undertaken to ensure the "fair and equal distribution" of Remdesivir drug not only to Vidarbha region or State of Maharashtra but to the country at large.

The Commissioner of FDA was also directed to remain present for the next hearing to apprise the Court of the steps taken by them to ensure proper supply of the drug in the country and prevent unnecessary hoarding of the drug.

Further when court heard about the second issue regarding supply of oxygen, it found it to be more disappointing.

“As per the figures given to us across the bar by Mr.Thakare, the Collector, Nagpur, total requirement of oxygen of Nagpur is 166.5 metric tons and the total requirement of remaining districts of Vidarbha Region is of about 60 to 100 metric tons. That means total requirement of oxygen of Vidarbha Region is of 266.5 metric tons at its maximum. We are informed that Nagpur has certain oxygen generating units and their total capacity to generate oxygen is 146 metric tons per day. 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.” – observed the bench.

The court requested Shri Aurangabadkar, learned A.S.G.I. to seek appropriate instructions from the Ministry of Health and Family Welfare in this regard. Also the court, directed the Joint Commissioner, F.D.A., Nagpur to see to it that there is no breakdown in the supply of oxygen to all the hospitals in Nagpur.

The Court, therefore, ordered the Bhilai plant to continue the earlier practice of supplying 110 metric tonnes per day to Nagpur district.

"There should be no lack of oxygen supply to hospitals in Nagpur," the Court emphasised.

Before parting with the order, the bench reminded the Joint Commissioner, F.D.A., Nagpur and also learned A.S.G.I. that they need to comply with the directions given by the Court in the order dated 30th April, 2021 and requested them to file respective affidavits of the respondents they represent, in reply, showing their compliance of directions on or before the next date.

The next sitting of the Court would be on 23.4.2021 at 2.30 p.m. via video conferencing.

Case title: Court on its own motion vs. Union of India and Ors