So you thought you will give us numbers and we will be happy to hear so?, Aurangabad Bench of Bombay HC calls for inspection reports.
The Aurangabad Bench of the Bombay High Court, by order dated May 27, 2021, called upon ASGI for submissions on the dysfunctional ventilators supplied through the PM CARES Fund.
A Division Bench of Justice Ravindra Ghuge and Justice BU Debadwar, asked the Advocate representing the Company, if he is willing to justify the explanation stated by the Company regarding dysfunctional ventilators installed in the Hospitals in Aurangabad region.
“Bench –You are saying that the company from Rajkot which has manufactured these ventilators are working satisfactory.
Mr Talhar are you going to justify the explanation of your company? Or you are not concerned with the life of the people.”
The bench further asked for the inspection reports to which the advocate assured that he would submit the same in the next hearing.
“Bench - You have said that you have provided 22 ventilators...Tell us which company visited Aurangabad to inspect.
Adv asks the bench to keep the matter at 2:30 pm and he will produce the reports
Bench - So you thought you will give us numbers and we will be happy to hear so?”
Therefore taking all the arguments into consideration the Bench observed,
All the 113 ventilators are showing operations status as "okay" and hence the present Suo Moto PIL may be disposed( the ld ASGI submits that the submission of the appellant praying for the disposal of PIL is being withdrawn)
The Bench further noted as informed by the Chief Public Prosecutor that the manufacturer company has taken measures to rectify the problems in the ventilators, still even today not a single one is working.
The bench further stated that Art 62 of the Constitution, entry 6 in the state list establish the domain of the state to look into the matters pertaining to the public health and infrastructure and therefore directed the state to make sure that the equipment is working on optimum level before installing it.
The Bench observed that,
“The Chief PP has placed before us a day to day reports prepared by GMCH as regards the use of the 113 ventilators, from 12/4/21 onwards. The said reports is filed by 8 doctors who deal with ICU and the utilisation of ventilators. The said report (5pgs) is taken on record and marked as Ex 20 for identification. The report indicates that the ventilators developed errors from day 1. The Co engineers who installed 25 ventilators in med department and 25 ventilators were distributed to dist. and Pvt hospitals. All such 25 ventilators were returned by the ICU department of the concerned hospital as they were not functioning properly and the patients had stated complaining about breathlessness and associated symptoms Pvt hospitals also returned the ventilators stating that they were not working properly.”
Further, on the non-availability of Amphotericin D vials to treat people suffering from Mucormycosis especially Marathawada region, the bench asked the Chief PP to submits the records on 3rd, June, 2021.
“The learned ASGI Shri Anil Singh has informed the learned Bench that the Central Government has taken initiatives to issue fresh licences to manufacturers, who intend to manufacture the drug. He expects a supply of 2,50,000 vials in the month of June, 2021.”
On the issue of Ambulance operators charging extra fee the bench observed that,
“since the District Collector of every district is the authority under the Disaster Management Act, all aggrieved patients/relatives of patients would be at liberty to complain to the District Collector, if they have suffered such overcharging of Ambulance fare and the District Collector would deal with such complaints in accordance with the procedure as is laid down.”
The present matter will be next heard on 2nd, June, 2021