After the Supreme Court of India took suo moto cognizance of issues related to COVID19 management today morning and indicated that it might transfer other related cases pending before the high courts to the apex court, the Bombay High Court has gone ahead with its hearing on the issue of oxygen shortage and Remdesivir shortage.
Despite the Assistant Solicitor General (ASG) appearing for the central government informing the high court about the recent development, the court decided to go ahead with the hearing. The public interest litigation (PIL) on COVID-19 issues has been filed before the high court by an advocate.
Chief Justice Dipankar Dutta, who is leading the division bench, said that the Supreme Court is yet to stay the High Court proceedings, and till then the High Court will continue to hear the matter.
Bombay High Court says it will continue the hearing of suo moto case related to COVID19 management, when the ASG appearing for the Centre told the Court that the Supreme Court has taken suo moto cognizance of the issue.
— Live Law (@LiveLawIndia) April 22, 2021
Hearing in progress before bench-led by Chief Justice https://t.co/DSu4j82oZK
The Bombay High Court is dealing with a PIL filed by an advocate on the dearth of COVID-19 essentials – Remdesivir, medical oxygen and hospital beds — in Maharashtra.
The attorney general informed the court that the indiscriminate use of antiviral drug Remdesivir by patients and doctors has led to a shortage. Moreover, the supply of Remdesivir is set to reduce after April 25. Justice GS Kulkarni suggested that there should be a portal for getting access to this drug.
The division bench of CJ Dipankar Datta and Justice GS Kulkarni will continue to hear an advocate’s PIL on the dearth of Covid-19 essentials in Maharashtra – Remdesivir, Oxygen and hospital beds.#Covid19 #BombayHC #MaharashtraCovidCrisis pic.twitter.com/4Nc5TQB6kH
— Live Law (@LiveLawIndia) April 22, 2021
“We shouldn’t expect the patients or their relatives or the health staff to run around for searching for the drug. It is the duty of the state to make it available. So far as districts are concerned, there should be a portal to report shortage,” the high court said.
The attorney general also said that a decision has been taken to move needy patients near the industries producing oxygen. For this, jumbo COVID centres will be created. “Allocation of O2 [oxygen] is made at the district level and further at the divisional level,” he said.
The high court has assured that it will consider the price issue of Remdesivir when the petitioner suggested that there should be a cap on the price of the injections, as people from lower strata should be able to get it.
Meanwhile, the Bombay High Court has asked the state and Union to make submissions on the Nashik oxygen tank leak yesterday, which led to the death of at least 22 people.
“How in a civilized society this can happen? This is not what we expect from a responsible government,” the court said.
Also Read: Oxygen tanker leak in Nashik hospital claims lives of 22 coronavirus patients
Over the bed shortage in the hospitals, the attorney general said that the people from the middle class and upper-middle-class insist on private hospitals. “Sometimes they insist on hospitals close to their home. That’s being projected in the media as shortage of beds,” said the attorney general. Advocate Anil Sakhare informed that beds are available both in private and government hospitals.