Bombay High Court
Registrar (Judicial), High Court Of ... vs The State Of Maharashtra And Others on 26 April, 2021
Author: B. U. Debadwar
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 ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -2- 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.
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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.
2. Marathi daily "Sakal", The Divisional 2 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. 3. Marathi daily A grim situation has 3 "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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -4- 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. 8. Marathi daily "Lokmat", Former MLA of a 9 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -5- has occurred in Nashik on 21.04.2021. 11. Marathi daily "Sakal", The State of 13 and 22.04.2021 Maharashtra requires 14 500 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 22.04.2021 SOS, say Haryana 18 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.
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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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -7- 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.
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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. SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -9- 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).
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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.
SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -11- [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 ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -12- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -13- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -14- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -15- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -16- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -17- 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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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. SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -19-
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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -20- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -21- 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 SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -23- 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. SG Punde, PA ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 ::: CrSMA02.2021 -24- 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 ::: Uploaded on - 27/04/2021 ::: Downloaded on - 08/09/2021 23:10:05 :::