Bombay High Court
Arun Punjaji Kadu And Others vs The State Of Maharashtra And ... on 26 April, 2021
Bench: Ravindra V. Ghuge, B. U. Debadwar
CrSMA02.2021
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL SUO-MOTO PUBLIC INTEREST LITIGATION NO. 02 OF 2021
The Registrar (Judicial),
High Court of Judicature of Bombay,
Bench at Aurangabad. ...Petitioner
Versus
The Union of India & Ors. ...Respondents
.....
Shri. Satyajit S. Bora, Advocate appointed as Amicus Curiae
Shri. Ajay G. Talhar, ASGI for respondent No. 1
Shri. D. R. Kale, Chief Public Prosecutor for respondents no. 2 to 7, 9
to 19 and 31 to 43
Shri. S. D. Chapalgaonkar, Advocate for respondent No. 8
Shri. D. M. Shinde, Advocate for respondent No. 23
Shri. R. K. Ingole, Advocate for respondent no. 25
.....
WITH
CRIMINAL WRIT PETITION NO. 527 OF 2021
Arun Punjaji Kadu & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
.....
Ms. P. S. Talekar, Advocate for the petitioners
Shri. D. R. Kale, Chief Public Prosecutor for respondent nos. 1 to 7
.....
CORAM : RAVINDRA V. GHUGE
AND
B. U. DEBADWAR, JJ.
DATE : 26th APRIL, 2021
SG Punde, PA
CrSMA02.2021
PER COURT [Ravindra V. Ghuge, J.] : -
01. Leave to add the Divisional Commissioner, Nashik
Division, Nashik and the District Superintendent of Police,
Aurangabad (Rural), as respondent nos. 42 and 43. Addition be
carried out forthwith.
02. The Tiny creature, a virus, which reportedly originated in
Wuhan, the sprawling capital of Central China's Hubei province, a
commercial center, had wrecked havoc in India in 2020. With
mutation, believed to be a second followed back-to-back by a third, it
continues to ravage our country, thanks to the growing lack of civic
sense, awareness, indiscipline especially amongst the younger
generation and the ever increasing growth in the population. We
need a right knock on our heads to wake us up and mend our ways,
lest, mortality will rudely announce it's unwelcome presence in each
household. As is said in Hindi "gj v¡kxu esa ekSr ukpsxh", by now, our
country has lost several leaders, Judges, doctors, educationists,
speakers, poets, cricketeers, policemen, bureaucrats, defence service
personnel, professionals, pressmen, industrialists, lawyers etc. The
list is unending. We all need to work together to control this growing
list and 'break the chain'. Each one of us is at war with a common
enemy, the Corona virus.
SG Punde, PA
CrSMA02.2021
03. On 22.04.2021, after considering numerous news reports
in the print media, this Court had passed the following order : -
1. This Court has come across specific issues having been raised by
the local newspapers having wide circulation in the Marathwada region,
in relation to the Covid-19 pandemic, as follows:-
Sr. Name of Newspaper and Issues raised/ Title of Page No.
No. Date news item of
compilati
on
1. Marathi daily "Divya Survivors of Covid-19 1
Marathi", 12.04.2021 deceased patients have
to run from pillar to
post to collect various
certificates for
performing funeral rites.
20.04.2021 Commissioner of
Marathwada region has
initiated steps for
ensuring that private
hospitals would erect
oxygen generation
plants. However,
certain reservations are
expressed about the said
proposal.
"Lokmat",20.04.2021 occurred due to
disruption in oxygen
supply and the relatives
of the corona positive
patients are advised by
private hospitals to
search for hospitals
having proper oxygen
supply and shift the
patients to such
hospitals.
4 Marathi daily "Lokmat", Black marketeering of 4 and 5
20.04.2021 Remdesivir injections.
They are being sold at
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exorbitant rates, quoting
Rs. 22,000/- per vial,
when costs of such
injections produced by
various pharmaceutical
companies ranges
between Rs.850/- to
Rs.2500/-.
5. Marathi daily "Sakal", Police have arrested 6
21.04.2021 suspects who are selling
Remdesivir injections at
Rs.37,500/- each vial,
which were seized.
6. Marathi daily "Lokmat", Remdesiir injections 7
21.04.2021 having been sold by a
nurse at the rate of
Rs.12000/-per injection.
7. Marathi daily "Lokmat", Some pharma stockists 8
21.04.2021 in Nagpur have
unauthorizedly sold
Remdesivir injections
from Dhaka in
Bangladesh.
21.04.2021 national political party
has sold Remdesivir
injections to a long
queue of purchasers
without licence/
unathorisedly.
9. Marathi daily "Lokmat", Demand for oxygen in 10 and
21.04.2021 the State of 11
Maharashtra has grown
seven times. Some of
the districts in the
Marathwada region are
receiving 50% supply as
per the statistic set out
in the said news.
10. Marathi daily "Sakal", Oxygen plant in the 12
22.04.2021 Government Medical
College and Hospital
premises in Aurangabad
is likely to face great
risk of an accident
similar to the one that
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has occurred in Nashik
on 21.04.2021.
11. Marathi daily "Sakal", The State of 13 and
500 tons of oxygen,
though 1250 tons of
oxygen produced in the
State is being used in
hospitals. Several
relatives of covid-19
patients are moving on
the streets searching for
oxygen.
12. Marathi daily "Lokmat", Marathwada region 15
22.04.2021 faces an acute shortage
of oxygen.
13. Marathi daily "Lokmat", Driver of a tanker 16
22.04.2021 unloads liquid oxygen
into the oxygen tank
found in the
Government Medical
College and Hospital,
Aurangabad, without
experts supervision.
14. Indian Express, Delhi hospitals send out 17 and
blocking oxygen supply.
2. Copies of the above newspaper cuttings (18 pages) are taken on
record and are marked as "X-1" collectively for identification.
3. Considering the above, this Court finds it appropriate to take
suo-moto cognizance of the above news reports, especially at serial
Nos.1, 2, 3, 4, 5, 6, 7, 9, 10 and 13, and appoint Shri. S. S. Bora, as an
Amicus Curiae. The above paper cuttings (18 pages) are being handed
over to the learned Amicus Curiae, who assures the Court that he would
prepare the Criminal Public Interest Litigation and present it to the Court
on 26.04.2021.
4. The learned Government Pleader and Chief Public Prosecutor,
present in the Court, submits that the Union of India also needs to be
arrayed as one of the respondents since it is the Central Government,
which decides the quota for distribution of oxygen and Remdesivir
injections to various States depending upon population and the need of
such States.
SG Punde, PA
CrSMA02.2021
5. We find that the Divisional Commissioner, Aurangabad, the
Commissioner of Police, Aurangabad, the District Collectors of districts
amenable to the jurisdiction of this Court, the
Commissioners/Administrators of the Municipal Corporations within the
districts amenable to the jurisdiction of this Court and the District
Superintendents of Police of such districts will have to be arrayed as the
respondents. We expect that the Secretary of the Public Health
Department and the Secretary of the Food and Drugs Department of the
State of Maharashtra would also be arrayed as the respondents.
6. In view of the request made by the learned Amicus Curiae, we
grant him permission to tender the PIL paper book on 26.04.2021 and in
the event of such filing, the same would be taken up at 02:30 PM on the
said date.
7. Since we are apprised of the fact that the Honourable Supreme
Court has placed matters pertaining to supply of oxygen and Remdesivir
injections, for hearing on Friday, 23.04.2021, we expect the learned
Amicus Curiae to keep track of the said proceedings and in the event all
matters are transferred for common hearing before the Honourable
Supreme Court, he may point this out to us on 26.04.2021.
04. Today, the learned Amicus Curiae has presented a
Criminal Suo Moto Litigation paper-book, pursuant to our above
direction. We make all respondents aware, that this is not adversarial
litigation.
05. Issue notices to the respondents, returnable on
03.05.2021 at 02:30 p.m. The learned ASGI waives service of notice
on behalf of respondent no. 1. Similarly, the learned Chief Public
Prosecutor waives service of notice on behalf of respondent nos. 2 to
7, 9 to 19 and 31 to 43. Shri. Chapalgaonkar, the learned Advocate,
waives service of notice on behalf of respondent no. 8. Shri. Ingole
Patil, the learned Advocate waives service of notice on behalf of
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respondent no. 25. Shri. D. M. Shinde, the learned Advocate waives
service of notice on behalf of respondent no. 23. We request the
Chief Public Prosecutor to take assistance of the Respondent
Authorities of the respective districts to intimate the next date of
hearing in this matter to the unserved Municipal Corporations and the
unserved Municipal Councils.
06. We have heard the learned Amicus Curiae. The learned
Counsel, who have appeared today for the Respondents in this
proceeding, have addressed the Court. The learned Amicus Curiae
and the learned Chief Public Prosecutor have drawn our attention to
the order dated 22.04.2021 passed by the learned Division Bench
headed by the Hon'ble The Chief Justice of the Bombay High Court, at
the Principal Seat at Mumbai in Public Interest Litigation (L)
No.10276 of 2021 and we have perused the directions issued below
paragraph 27(1) to 27(5), in the said order.
07. Considering the above and needless to state, we would be
refraining from dealing with issues that are covered by the above
order delivered by the learned Division Bench of this Court in PIL (L)
No. 10276/2021.
SG Punde, PA
CrSMA02.2021
08. Taking into account the newspaper reports on the basis
of which we have suo moto registered this Criminal PIL, impels us to
form a prima-facie view that the residents of the 12 districts amenable
to the jurisdiction of this Court need to practice restraint and
discipline and undergo a behavioural change. We find that,
youngsters are traveling triple seats and sometimes, shockingly
enough, even four persons on a single motorcycle, without helmets
and without masks. In the first wave of the Covid pandemic, this
Court had taken cognizance of some residents of Aurangabad having
assaulted Road Traffic Police personnel for having intercepted
violators and for having initiated action against them. While taking
such cognizance, we had issued directions in series of orders in Suo
Moto Criminal PIL No. 01 of 2020, which was finally decided on
18.08.2020 and certain guidelines / directions / orders were issued in
the said judgment. Yet, the indiscipline continues. We need to act
responsibly in the interest of the health of one and all and save this
great country from disaster.
09. We are, therefore, for the present, dealing with the
following issues in this Criminal PIL : -
A] Violation of lock-down restrictions.
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B] Adulteration in Remdesivir injections.
C] Relatives of Covid-19 deaths are made to approach
several offices for seeking clearance in order to cremate
the dead relatives.
D] Hospitals having Covid treatment facilities or having been
declared as Covid hospitals, to ensure that the status of
availability of beds for Covid-19 patients, is uploaded on
their website.
E] The Divisional Commissioner, Aurangabad and the
District Collectors of all the districts, to issue press release
after 07:00 pm on each day to indicate the Covid-19
treatment facilities available at various hospitals in the
said districts and the locations facilitating Covid-19 RT-
PCR and Rapid Antigen tests.
F] Adequate supply of vaccines so as to ensure maximum
vaccination.
G] Rapid Antigen and RT-PCR testings to be increased and
to include the Primary Health Care Centers (PHC)
covering cluster of 8-10 villages in the rural parts of
Maharashtra.
H] Utilization of the App introduced by the Aurangabad
Municipal Corporation by name "Mazi Health Mazya
Hathi" (MHMH).
SG Punde, PA
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10. The learned Chief Public Prosecutor has informed us that
the relaxation in the lock-down restrictions is only between 07:00 am
to 11:00 am (4 hours) on Mondays to Fridays. Lock-down restrictions
are strictly implemented from 11:00 am to 07:00 am (20 hours)
barring the relaxation of the 04 hours in between 07:00 am to 11:00
am. There is a strict lock-down on Saturday and Sunday with no
relaxation. Essential services, as have been indicated through the
SOP of the State of Maharashtra, are exempted from such lock-down
restrictions.
11. In this context, therefore, we are directing as under :-
[a] Barring the relaxation of 04 hours from 07:00 am to
11:00 am on the five days from Monday to Friday, any
person, catering to essential services, using a Two
wheeler / Three wheeler / Four wheeler / light motor
vehicle / heavy motor vehicle etc., during the lock-down
restrictions period, shall carry his/her Aadhaar card with
him/her, failing which, he/she shall be liable to be
booked for an offence. Ambulances would be exempted
from such directions.
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[b] We do not find any difficulty in directing that, even
Doctors, Medical and Para-medical staff should
constantly carry their Aadhaar card with them
considering the further directions that we are issuing in
this order.
[c] Every person, barring a bicycle or those occupying three
wheelers and above, should wear helmets while moving
on the streets. Violation of these directions would
amount to an offence since we are informed by the
learned Chief Public Prosecutor that the rule of wearing
helmets by the riders as well as by the pillion rider is now
compulsory. This would help in protecting the eyes of
such people from the Corona virus infection, as well.
[d] Any person stepping out of his house and coming on to
the street or walking on roads or those riding motorcycle,
vehicles, three wheelers, four wheelers etc., should be
wearing masks covering their nose and mouth. Wearing
a mask below the chin or exposing the nose or both the
nose and the mouth, shall also be an offence as such
SG Punde, PA
CrSMA02.2021
people turn out to be super spreaders of the virus, while
making a farcical use of the mask. By doing so they cheat
themselves as well as the law enforcers and risk the
health of others. Violation of this condition would result
in registering of an offence as may be provided for in law.
[e] We leave it open to the Road Traffic Police Officer to
subject lock-down restrictions violators, as well as, the
violators of the directions being issued in this order, to
rapid Antigen test and for which the said candidate
should be carrying his/her Aadhaar card and should
divulge his cell phone number, in the absence of which,
his landline number. We permit such police personnel to
take photographs of the Aadhaar card while registering
an offence and for the purposes of conducting rapid
Antigen test.
[f] Considering that the holy Ramzan period has commenced
from around the 13th April, 2021, and the District
Collector, Aurangabad, having granted relaxation to
persons belonging to the Mohammedan community
between 05:00 p.m. to 08:00 p.m., to cater to the
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requirement of food and milk, the Road Traffic Police
Officer or the Law Enforcing Agency would be
considerate and would, therefore, refrain from registering
offences against persons belonging to the Mohammedan
community during this period. However, this would not
mean a leverage to any of the persons from the
Mohammedan brotherhood to violate the lock-down
restrictions as well as these directions beyond the period
of the relaxation as granted by the District Collector,
Aurangabad. We expect the District Collectors of all
other districts to grant relaxation to the persons
belonging to the Mohammedan community akin to the
relaxation extended at Aurangabad. This shall be
restricted only for the holy fasting month of Ramzan and
shall not be extended there beyond.
[g] Any person, be he a peoples' representative or holding
any position in any political party or Municipal
Corporation or Municipal Council / Zilla Parishad /
Village Panchayat, etc., shall not be exempted from such
restrictions and shall not exert any pressure or influence
on any Road Traffic Police Officer or any Law Enforcing
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Agency for rescuing himself or any violator from being
booked for violation of such restrictions. Any such person
or peoples' representative indulging in such acts shall also
be booked for offences punishable for causing
interference in the discharge of duties by a public
servant.
[h] The above directions and restrictions shall apply equally
to the public servants, who are not on duty.
12. In the news items published by the news papers namely,
Dainik Lokmat, Dainik Divya Marathi, Indian Express and Dainik
Sakal with regard to the cremation of Covid patients, it is reported
that, persons in charge of Funeral Ghats are seeking bribes for
performing the funeral rites. At some places, kerosene or diesel used
for igniting the funeral pyre are being sold at higher rates. Wood that
is being used for performing the final funeral rites, is also being sold
at exorbitant prices, which almost amounts to black marketing of the
commodities required for performing funeral rites. In this context, we
call upon the Divisional Commissioner of Aurangabad as well as all
the Municipal Commissioners and District Collectors at various places,
to initiate steps for erecting electric crematoriums. So also, there
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shall be a constant check of the responsible authorities in ensuring
that the relatives of the dead persons are not harassed, or
over-charged and moneys are not unduly extracted from them for
performing funeral rites.
13. The close relatives of the deceased persons performing
the funeral rites would not be required to seek permission of the local
Police Station, only if the number of persons attending the funeral are
within the limits prescribed by the authorities. However, by claiming
that limited persons are attending the funeral, if these restrictions are
violated, then the authorities would be at liberty to register an offence
against the persons who are performing the funeral rites for having
excess number of attendees for the funeral ceremony. Even while
attending a funeral, every person should be wearing his mask,
covering his nose and mouth. Permission of the Municipal
Corporation / Municipal Council for registering the death and for
performing the funeral rites, shall be mandatory, as per the rule in
vogue.
14. Insofar as the persons found to have indulged in
adulteration of Remdesivir injections or having sold Remdesivir at
premium prices (nothing short of black marketing), they shall be
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booked under the relevant provisions of the IPC and acts applicable
and criminal offences shall be registered against them under the
relevant provisions. If any employee of the State or State
instrumentalities is involved in such acts or if any person is found to
be unauthorizedly selling or distributing Remdesivir injections as has
been reported in Dainik Lokmat, Aurangabad main edition, dated
24.04.2021 (Mumbai), criminal offences should be registered even
against such persons and as regards in-service persons, the
establishment would initiate departmental inquiry against them,
besides the criminal offences being registered.
15. There is a lot of reporting in the print media as regards
insufficient supply of oxygen and Remdesivir injections. These issues
are covered by the order dated 22.04.2021 passed at Mumbai. We
have taken note of the meeting conducted by the Divisional
Commissioner, Aurangabad, in which, he has urged the private
hospitals to have their own oxygen manufacturing plants. We find
the said suggestion to be highly appreciable and we record our
appreciation for the steps being initiated by him as is reflected in the
news item published in Dainik Sakal dated 24.04.2021. We,
therefore, request the learned Chief Public Prosecutor to inform the
Court on the next date as to whether the private hospitals, who have
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been earmarked for Covid-19 treatment, have initiated any steps for
installation of oxygen plants in the hospitals. The names of the
hospitals, who have already installed such plants, be conveyed to the
Court. If the private hospitals approach the State or the competent
authorities for seeking permission to install oxygen plants in the
hospitals, the State authorities shall give highest priority to such
applications and without any wastage of time, shall accord
permission, of course subject to the rider that such oxygen plants
should be of "the State of the Art Technology" so as to avoid any
accident which has recently taken place at Nashik and Gondia. We
are informed at this juncture that, the United CIIGMA Hospital,
Aurangabad has installed "the State of the Art Technology" oxygen
manufacturing plant and manufacture oxygen, which would support
their requirement. However, under pressing need/urgency, if further
supply of oxygen is required, externally, with the assistance of local
administration, the said requirement shall be catered to.
16. The Municipal Corporation, Aurangabad shall give
maximum publicity to their App known as "Mazi Health Mazya Hathi"
(MHMH) so that the people at large would note the details of the
availability of beds at various Covid hospitals and accordingly
approach such hospitals in the event of the need to admit a patient.
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CrSMA02.2021
17. One of the news items published in Dainik Lokmat, Hello
Aurangabad dated 20.04.2021 indicates that, some of the private
hospitals have advised the relatives of the admitted patients to seek
discharge and carry patients, who may be in critical condition, to
other hospitals where oxygen supply is available. We find such
reports to be extremely disturbing and it would be unconscionable to
ignore such incidents. The learned Chief Public Prosecutor informs us
that in the last 2-3 days, the State has ensured that there is equal
distribution of oxygen to all the districts and every hospital at
Aurangabad with Covid-19 facility is being supplied adequate oxygen.
18. We need to make it clear that, while entertaining this PIL,
we do not intend to issue any such order which would disturb the
equal distribution policy of the Government of India and the State
Government. In short, we do not intend to issue any directions which
would amount to grabbing supply of oxygen or Remdesivir injection
of any other district and concentrate on any particular district to
benefit from such supply. We intend to monitor the situation only to
ensure that there is sufficient supply of oxygen and Remdesivir
injections to the needy people, while ensuring that the equal
distribution policy norms are not disturbed.
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CrSMA02.2021
19. We have come across news items in several newspapers
wherein the Divisional Commissioner of Aurangabad - Mr. Sunil
Kendrekar is reported to have tried to impress upon the public at
large that Remdesivir is not the only drug or a miracle drug and that,
there are other drugs with equal potency and equal effectiveness by
name Virafin, Tocilizumab and Itolizumab. These drugs are equally
effective and are an alternative to Remdesivir. Patients and hospitals
are demanding Remdesivir only because it is now widely known and
publicized. If equivalent drugs are available in the market, they
should also be opted for. If the whole nation demands only
Remdesivir, a lot of pressure would be created on the manufacturing
of Remdesivir injections and this, therefore, would create a shortage.
20. We are, therefore, advising the respondent-authorities to
give publicity to this aspect and also to prevail upon hospitals and
doctors to welcome the use of the drugs namely, Tocilizumab,
Itolizumab and Virafin (manufactured by Zydus Cadila) in the event
Remdesivir is not available and stop over-insistence on the Remdesivir
injections. Recently, the Government of India has granted it's
approval for the use of Virafin, along with Remdesivir, as being a
single dose drug with equal potency, by keeping in view that a single
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injection of Virafin is good enough instead of six doses of Remdesivir
injections.
21. Shri. Ingole Patil, the learned Counsel representing the
Nanded Waghala Municipal Corporation, submits that, the rural parts
in this region of Maharashtra ought not to be neglected considering
the fact that the second wave is spreading fast and has already
reached the villages. Several patients from the villages are traveling
towards the city, due to lack of medical facilities, for treatment and,
therefore, the mortality rate has rapidly increased. He submits that
Primary Health Care Centres are established for a cluster of about
8-10 villages in all the talukas. Rapid Antigen test kits are not
available at such PHC centres. If such kits are made available, poor
persons and agriculturists residing in hundreds of clusters of 8-10
villages, could rush to the centres at least to get a rapid Antigen test
performed which would give them an idea as to whether they have
been infected.
22. We are aware that though a rapid Antigen test is not
foolproof and could lead to 'false negative' result, we have gathered
information that a 'positive' rapid antigen test result is a clear
indicator of a person being Covid positive. Enabling such tests could
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save hundreds of lives as the result of such a test is available in 20 to
30 minutes. We, therefore, direct the respondents to initiate steps for
supplying rapid Antigen test kits to PHC centres within the talukas in
the 12 districts and submit a statement to this Court on 03.05.2021 as
regards the progress made in view of these directions.
23. Vide the judgment dated 18.08.2020 (Coram : Ravindra
V. Ghuge and S. D. Kulkarni, JJ.) in Suo Moto Criminal PIL No. 1 of
2020, this Court had issued certain directions below paragraph 31.
We reiterate those directions since their implementation is necessary
even in this second wave of the Covid-19 pandemic.
24. We are in respectful agreement with the directions set
out below paragraph 27 in the order dated 22 nd April, 2021 passed in
PIL No. 10276/2021 at Mumbai and in order to ensure that the said
directions are properly understood by the respondents herein, we find
it apposite to reproduce the said directions as under : -
(1) In so far as the supply of drug Remdesivir is concerned,
the respondents are directed to take all possible steps to make
available such drug to the Covid-19 affected patients in the following
manner:
(i) The patient or his relatives shall not be made to run
from pillar to post to find out/locate the drug.
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(ii) The drug should be made available to the concerned
patient at the hospital/Covid center where he is being
treated.
(iii) To ensure the availability of the drug a Nodal Agent
with the helpline number with adequate staff at its
disposal to undertake the supply of the drug at the
required hospital/Covid center shall be appointed.
(iv) It would be an absolute obligation on the part of the
State to keep the helpline number in operation all over
the State for 24 hours.
(2) The State is directed to consider granting permission to
more laboratories to undertake the RT-PCR tests and Rapid Antigen
Tests, who would work as per the protocol involving the ICMR and the
NABL. A decision in that regard be taken within one week from today
and the eligible laboratories/centers be granted such permissions to
undertake the RT-PCR tests and Rapid Antigen Tests.
(3) We direct the Central Government and the State
Government to place on record the response and the data in regard to
the victims of Covid-19 who were addicted to smoking;
(4) We direct the State Government to establish a portal
and a helpline number concerning the availability of different
category of beds in Government hospitals, Municipal Corporation
hospitals and private hospitals, so as to bring about a situation that no
patient is deprived of treatment, for want of bed.
(5) We direct the State Government that all measures be
taken to increase and regulate the supply of oxygen to all the
government and private hospitals in the State and at the earliest notify
a mechanism so that the specific needs at different places/hospitals
can be identified and supply can be accordingly regulated.
CRIMINAL WRIT PETITION NO. 527/2021 :
25. Ms Talekar, the learned Advocate, who was watching this
proceeding, has mentioned a Criminal Writ Petition filed through her
office today, 26.04.2021, titled as 'Criminal PIL Petition No.
527/2021' (Arun Punjaji Kadu and three others Vs. The State of
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Maharashtra and others). Considering her request, the said petition,
by consent, was called for.
26. The learned Chief Public Prosecutor submits that no
orders be passed in this petition today since the petitioners are active
politicians.
27. It appears to us that a grievance has been made against a
serving Member of Parliament from the Ahmednagar Constituency,
namely Dr. Sujay Vikhe that he has procured 10,000 Remdesivir
injections secretively and has transported them to Ahmednagar and
has indulged in distributing these 10,000 Remdesivir injections to the
pubic at large as a political stunt, which is recorded in two videos.
28. In view of the above, we are refraining from passing a
specific order today as to whether this proceeding could be registered
as a Criminal PIL. We record the appearance of the learned Chief
Public Prosecutor on behalf of all the respondents.
29. Ms. Talekar submits that, these 10,000 Remdesivir
injections have been allegedly transported illegally through a
Chartered flight, purportedly by Dr. Sujay Vikhe Patil, a serving M.P.
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from the Ahmednagar Constituency and photographs have been
produced in the petition paper-book as regards their distribution.
She, therefore, submits, as this is being done illegally and
unauthorizedly, that the respondents need to take immediate action
for confiscating such injections which are in the custody of Dr. Sujay
Vikhe Patil.
30. We find that, a serious allegation has been made in this
petition. Until further orders, the respondents would be at liberty to
investigate and take effective steps as they would have normally taken
in the event of the occurrence of any such incident and do the needful
as 'the call for duty' demands of them. They shall preserve the
confiscated Remdesivir vials, if any, as per the medical protocol until
further orders.
31. List the Criminal Suo-Moto Public Interest Litigation No.
02 of 2021 on 03.05.2021 at 02:30 p.m. We are segregating Criminal
Writ Petition No. 527 of 2021 filed by Ms. Talekar and we are posting
the same on 29.04.2021 at 02:30 p.m.
[ B. U. DEBADWAR ] [ RAVINDRA V. GHUGE ]
JUDGE JUDGE
SG Punde, PA
