The High Court of Punjab & Haryana has asked the Centre to examine whether refurbished used ventilators procured by a Punjab firm can be put to use.

“We prime facie feel that in case, the aforesaid ventilators are put to use, it may be of help to some serious patients. A copy of the report be supplied to Mr Jain (additional solicitor general, Satya Pal Jain) to enable him to seek instructions, particularly, since it is a matter of saving lives of critical patients,” the bench of Justices Rajan Gupta & Karamjit Singh said while acting on an expert panel report on use of these ventilators.

The HC has acted on a plea of SB Medical Systems, a Punjab firm, which had approached the Court in June, after its consignment of 32 used ventilators imported from United States of America, wasn't released by customs authorities.

The firm had argued that soon after Coronavirus outbreak, the Centre had allowed the import of used ventilators following which the firm placed an order. They said they had also sought necessary approval from the State & the Central Govts. However, by the time the consignment came, the Centre withdrew the notification, the Court was told. It was further stated that the Kerala & Karnataka Govts had already allowed the use of these ventilators & it was only in this case that the consignment was not being released. The Govt, during the hearing, had expressed its reservation on the efficacy of the ventilators.

Acting on the petition, the HC on July 15 had sought an expert opinion of doctors’, which, in its report on Tuesday, opined that the “32 used ventilators are of reputed brands & were found to be in working condition. However, they may be put to use subject to certification of disinfection, effectiveness & assured maintenance by the refurbished company.” The panel was headed by director, department of medical education & research, Punjab, Dr Avnish Kumar.

Besides directions to Centre, the Court has also asked Punjab Govt’s lawyer as to which authority can certify regarding disinfection & effectiveness. Meanwhile, the firm too has been asked to submit a certificate of disinfecting the ventilators & assuring the effectiveness & maintenance. The matter will come up for further hearing on Aug 10. 

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