Thread by @barandbench

Nagpur Bench of #BombayHighCourt to continue hearing suo motu Public Interest Litigation (PIL) on issues pertaining to #COVID management in #Nagpur city.

#BreakTheChain #Maharashtra #COVIDEmergency

Bench of Justices SB Shukre and SM Modak had on Monday issued directions to State to release 10000 vials of #REMDESIVIR to #COVID hospitals in the district of #Nagpur

#BreakTheChain #Maharashtra #COVIDEmergency

barandbench.com/news/litigatio…

Hearing begins.

Advocate Tushar Mandlekar submits that he has filed a civil application for intervention. The intervenor had been admitted in hospital after 2-3 days of hunting for bed.

Justice Shukre: Mandlekar, in a PIL we are not inclined to hear individual pleas.

Mandlekar: No this is to point out to the larger issues only. His relief is for everyone not just him.

Justice Shukre: OK but we will be hearing issues on the larger interest only.

#BreakTheChain #Maharashtra #COVIDEmergency

Justice Shukre asks if the vials were provided as ordered.

He is informed they were not.

#BreakTheChain #Maharashtra #COVIDEmergency

Adv MG Bhangde senior counsel for the State submit that while the vaccines are outside #Maharashtra the State has no control over the manufacture and distrbution.

#BreakTheChain #Maharashtra #COVIDEmergency

Bhangde: A wrong statement was made that there is a state level committee, there is no such committee. After the stock is received the food and drug administration in Nagpur is informed about the stock, which in turn inform the collector

#BreakTheChain #COVIDEmergency

Bhangde: On April 17, 3326 vials were received an distributed on the same day. On April 19, and 20 whatever vials were received were distributed.

#BreakTheChain #Maharashtra #COVIDEmergency

Bhangde: State government has no role to play here is what is submitted.

Justice Shukre: What does it convey that these number of vials were not available for distribution.

Bhangde: I am saying this stock was not available with State.

#BreakTheChain #COVIDEmergency

Justice Shukre: But the affidavit shows that there is stock available but not for Nagpur. We are going to take strict action against The Joint Collector.

Then this joint FDA, if he is not the procurement agency for the vaccine, then whose bloody business is it?

Justice Shukre: This life saving drugs not being made available is violating the fundamental rights of people.

It is now clear that these authorities are shirking responsibilties.

#BreakTheChain #Maharashtra #COVIDEmergency

Justice Shukre: You are saying that you are not in a position to comply with the order.. then what is the solution according to you? You are saying there was stock, but not available for Nagpur. How come Thane gets more and Nagpur gets less is not explained.

#COVIDEmergency

Justice Shukre: Now you are saying that the collector has no control over the stock.

If he is saying there is no state level committee, fine, but then why did he make that statement before us?

#BreakTheChain #Maharashtra #COVIDEmergency

Justice Shukre: If you do not feel of yourself, then we feel ashamed of being a part of this nasty society. We cannot do anything for the unfortunate patients of Maharashtra. This is how we are shirking from our responsibilities. You are neglecting and ignoring our patients.

Justice Shukre: We give you solution, you do not follow it. You do not give us solution. What absolute nonsense is going on here!

#BreakTheChain #Maharashtra #COVIDEmergency

Corrigendum tweet - Justice Shukre: If you do not feel ashamed of yourself, then we feel ashamed of being a part of this nasty society.

Justice Shukre (to Bhangde): Could you please get instructions on the stock of Remdesivir in government hospitals in the last 10 days? Maybe have a physical hearing… because there is connectivity issue.

The collector will have to remain present.

Justice Shukre: Some solution has to be found. The officers are shirking away from their responsibilities. We will not let this happen.

Bhangde: Milords I cannot tell you how difficult it is to get instructions from the officers.

Bhangde: There are so many authorities and departments.

Justice Shukre: We thought this order would have supported you in procuring the vials. But instead you are defending their actions.

#BreakTheChain #Maharashtra #COVIDEmergency

Justice Shukre: You are siding with the officers of Mumbai. And Nagpur people are left high and dry. Not just Nagpur but also other cities in Maharashtra. We will hold a physical hearing in 45 minutes.

#BreakTheChain #Maharashtra #COVIDEmergency

Justice Shukre: Mr Bhangde please call some officer who can give instructions.

Bhangde: Collector is on his way. I am so fed up taking instructions from them. Sometimes, I tell my learned friends to call the officers in their office and take instruction.

#COVIDEmergency

Justice Shukre: We understand Mr. Bhangde. We also do not want to take any harsh actions against anyone. But people should not suffer. Hence we want to find a solution.

#BreakTheChain #Maharashtra #COVIDEmergency

Justice Shukre: Mr. Thakare (Addl GP), please give us data of Remdesivir in the last one week. Your deputy has been dealing with this distribution, kindly take instructions from him.

#BreakTheChain #Maharashtra #COVIDEmergency

Hearing ends through video conferencing. To continue physically at 3.45/ 4 pm.

#BreakTheChain #Maharashtra #COVIDEmergency