Thread by @barandbench

Nagpur Bench of #BombayHighCourt will continue hearing the suo motu plea registered concerning #COVID19 management in #Nagpur city.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

On Wednesday, Bench led by Justice SB Shukre issued directions in at a special hearing held at 8 pm.

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Earlier in the day, the Bench pulled up state authorities for non-compliance of its order directing State to ensure #Nagpur gets 10000 vials of #remdesivirinjection.

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Bench assembled. Hearing begins.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Justice Shukre: In this order, when this directions were passed and those directions were on the basis of two issues - Remdesivir and supply of oxygen.

Remdesivir directions given based on Divisional Commissioner statement. Has stock been received?

#COVIDEmergency2021

Sr Adv MG Bhangde submits that some vials were received.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Court enquires what was the situation in Bhandara district?

Adv Vaibhav Bhure appearing for intervenor from Bhandara submits that no such vials have been received as directed in the order.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Bhure: Now the situation is there is no proper distribution. How does this drug authority exercise its discretion for distribution is unknown.

Court: How many active patients are there? And how many of them require?

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Court: Because we have seen that this is not an elixir.

Bhure: But then if we consider the number of COVID designated beds, then we need about 1500-2000 vials everyday.

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Court: Is there anybody from the Collector office from Bhandara?

Bhure: My lords may kindly check with the distribution system and then see if there is requirement of any directions there.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Court: The figures you have given us is for Nagpur District, do you have for other districts?
Tell us how the drugs are supplied to other districts in Vidarbha region. Can they be delivered directly to other states?

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Court enquires for distribution of vaccines in other districts.

Suggests that Divisional Commissioner should be made a party for ease in assistance to the court.

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Court: Let Divisional Commissioner Amravati and Joint Commissioner FDA, Amravati be made party. Notice be issued to both of them. Ld GP May waive notice.

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Court: They are directed to state on affidavit the present position of status of supply of Remdesivir and other drugs used in COVID treatment.

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Court: Also tell us about the supply of oxygen in that division on consistent basis. They are also directed to submit their response on affidavit on the vaccination programme undertaken or being undertaken in Amravati division.

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Bhure: Lordships may also consider how the distribution is happening..

Court: Their reply would include details of the system on supply of COVID-care hospitals

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Court: In present petition, while this court has received in greater measure data and information about Nagpur district, no information and no data as regards supply of life saving drugs, oxygen and distribution system adopted for mantaining COVID case supply.

Court: We would directed Divisional Commissioner Nagpur and Jt Commissioner Nagpur to submit detailed report on this so far.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Advocate Aditya Goel, appearing for an intervenor seeks permission to submit something on oxygen.

Submits that an oxygen plant can be set up in the iron and steel company Sun Flag situation in Bhandara.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Goel: Industrial houses can be used for setting up a plant.

Court: Because Sun Flag is concerned, the Divisional Commissioner has powers to requisition an oxygen plant there.

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Goel: Nagpur needs 200 MT per day, so the plant in Bhandara will be producing more than they require, so oxygen can be supplied to Nagpur too

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Court: We have heard you, but we need information from the Divisional Commissioner. Can you give us information on the JSW plant?

Goel mentions about a plant in Dolvi near Alibaug.

Court asks him to get information on the Nashik plant.

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Court: Advocate Goel having an experience in the field of steel industry, as according to him he has worked in the factory of steel has filed IA.

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Court: In this IA he has given names of 4 steel plants operating in the state of Maharashtr and according to him each of these steel plants have capacity to produce liquid oxygen in sufficient quantity.

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Court: If oxygen in each of these industries are used for catering to the patient and the whole problem of shortage would be stopped in no time.

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Court: He had also given oxygen generation capacity of each of these plants.
These plants are situated at Bhandara and Dolvi. As far as this plant is concerned it is ‘Sunflower’ iron and steel plant.

#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Court: Divisional Commissioner of Nagpur can consider using the oxygen plant of the steel industry for patients in Vidarbha region.

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Court: Copy of the application to be given to Divisional Commissioner. Upon receiving the same he may consider and examine the provision under Disaster Management Authority Act and services of this industry for uninterrupted supply of oxygen to COVID patients.

Court: Infact we have full faith in the directors of these companies that even upon a request of humble request to the directors of the company they would readily agree to submit their oxygen plant of their company at the disposal of the Commissioner.

Court: and they would not let any situation of compulsory requisitioninig arise in any manner.

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Bhangde points out the Principal Bench order of April 22. States that there are inconsistencies with the Nagpur order.

Court said they did not find any inconsistencies.

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Court: Are you saying that till State does not give response to the principal bench the court and the divisional commissioner should not do anything?

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Court: Should we wait till state responds to that matter and let people die waiting for oxygen?

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Court: I am very sorry to say that such a positive direction of the principal bench is being interpreted in this way. You are assisting the court in a cause of justice. There is no inconsistency, no conflict. In fact it is complementary.

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Court: The order of the principal bench considers the larger issue and it only aids our order… passed by an equally powerful co-ordinate bench.

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Court: Last time it was only because of you we allowed to withdraw the affidavits considering you are sr Adv. But now your stand seems to have changed. Once those officers are let off the hook, suddenly colours have changed. Reckless statements were made as if it’s not their job.

Court :This is not the situation where we say this court should pass this order and that court should not.

Bhangde apologises.

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Court: Do not say sorry. We feel sorry for the patients waiting for help, from any source, Nagpur or Bombay wherever. Today we need to join hands. If we are tying to fill in gaps, why are you not doing?
#COVIDEmergency2021 #NagpurFightsCorona #BreakTheChain

Court: Our fight is against the virus not against each other.
We are only saying that you are also bound by the instructions given to you.

Bhangde: We were only pointing out that order.

Cpourt: Ok, so we all agree that the principal bench order does not conflict our bench

Court: Let us agree that the orders are complementary. We are merely saying that the authorities who can exercise their powers can exercise.

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Court: A green corridor can be created for easy movement of oxygen supply. Or some mechanism can be considered where the individual collector is not burdened with distribution.

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Court: But Mr. Goel has pointed something to us and we want to consider that.

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Court: My brother judge is also saying that let them take the course and follow the procedure.
Every day a new person is coming and saying these are our grievances.

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Court: When the situation is extra ordinary in nature and requires extra ordinary intervention and if the information is useful, then that has to be considered to be put to good use. Of course then you exercise caution, so you do not do anything immediately.

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Court is dealing with the issue where the intervenors do not serve the application.

Court: We will direct registry to ensure the state and the petitioners are given copy.

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Court: But yes, definitely we do not want to miss out on valuable information.

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Court was informed that two lawyers passed away from the Nagpur bar due to #COVID19 today.
Court enquires about them.

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Court: What about new plants for oxygen?

ASG UM Aurangabadkar submits that there is a Ro Ro train which is on its way bringing oxygen.

He further submits that about 5 tankers containing 45 metric tonnes will reach by Saturday morning.

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Court: So there is enough oxygen at centre, but not regular supply.

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Court and the lawyers discuss over logistics of oxygen cylinder. Court is informed of jumbo cylinders, refiling of empty cylinders, utilising empty railway cylinders. Court asks the lawyers giving this information to submit it all in writing for understanding of authorities.

Court suggests: There should be a room. In this room, there are responsible persons, who take note of the calls, they string into action, they co-ordinate and ensure help reaches the hospital, something like a control room. This could be through WhatsApp or Telegram.

Court notes that there is a huge gap between supply and demand.

Court: There is oxygen but we do not want to hear now that so and so hospital has no oxygen.

#COVIDEmergency2021 #NagpurFightsCorona #OxygenCrisis

Court records: As regards supply of liquid oxygen by Bhila steel plant or to be precise by PRAX AR - Linday, District Collector Nagpur inform the Court that. Oxygen contain 85 MT, 35MT and 50MT liquid oxygen have been supplied to Nagpur on 21, 22 and 23 April 2021.

Cout: He further informs 3 railways tankers containing liquid oxygen from Vizag would be arriving and that by tomorrow morning, 5 tankers containing liquid oxygen of 20MT would be arriving in morning.

#COVIDEmergency2021 #NagpurFightsCorona #OxygenCrisis

Court: The information given by District Collector Nagpur is that there is increase in supply of oxygen to Nagpur and this much quantity should be reasonably enough to cater to needs of COVID of eastern Vidharbha region including Nagpur.

#COVIDEmergency2021 #OxygenCrisis

Court: Inspite of increase in supply, the problem appears to continue. Amicus Curiae and other lawyers personally present in court submit that problem lies in non-availability of empty cylinders of oxygen in sufficient quantity.

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Court: Collector submits that as per information received from 9 distributors, they inform that there are 20000 cylinders and at one time 9000 cylinders are in the process of being refilled at respective refiling stations of oxygen.

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Court: The number of empty cylinder though appears to be adequate, it appears to us that it may not be so, hence may consider the complaints being received for supply of oxygen in various COVID care hospitals and centres.

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Court: Had oxygen supply been in complete order, no complaint would have been received by this court and its authority.

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Court: There happens to be substance in the submission across the bar by lawyers. Whatever be the empty cylinders in circulation, it is clear it is not in sufficient number.

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Court: As regards increase in number of empty cylinder, according to them oxygen is extensively used in steel industry. Therefore oxygen cynlinders are available with steel, fabrication, welder shops.

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Court: There are about 4300 such oxygen cylinders available with different industrial unit and fabrication unit.

Goel: There are about 30 cylinders with Nagpur railway idle.

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Court: If these cylinders are put to use by appropriate authority and power under the Disaster Management, then much order can be restored to COVID hospitals and Vidarbha region. We would therefor request DC to take immediate steps in this regard.

#OxygenCrisis

Court: As much cylinders are possible and available with industrial houses be requisitioned and put to use immediately for catering to the needs of the COVID patients in this part of Maharashtra.

#COVIDEmergency2021 #NagpurFightsCorona #OxygenCrisis

Court: Collector may form a team of officers who would be personally visiting these units and shops and cylinders would be taken into custody.

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Court: Needless to say appropriate rent should be paid to owners of such cylinders being requisitioned in the public interest.

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Court: In addition to above a review meeting would also have to be held by Collector Nagpur by officers on the chart submitted by this court and take stock of the whole situation and of demand and supply for COVID supplies.

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Court: If these officers have difficulty then the same may be considered by passing an Order/ Circular.

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Adv Thakare for Collector: Proposal has been sent to Western Ltd Nagpur for setting up in-house oxygen plants as per ‘air sufficient’ oxygen plant. this is useful for jumbo hospitals in Nagpur.

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Thakare: Very shortly a positive response is expected from them. As soon as approval is received, district administration will start in 6-8 weeks of receipt of acceptance of proposal.

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Thakare: Regarding 1000 capacity bed hospital in Lloyd steel house in Wardha, further information on this subject is not available as the Commissioner is busy since morning and the concerned officer has been tested COVID positive.

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Court: On the next date of hearing, we expect Divisional Commissioner Nagpur to provide information about further progress in the matter.

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Court records Bhangde’ submission inviting attention to the principal bench order.

Court: Inviting our attention to a direction passed he submits that since the State has commenced its job to device and notify for increasing and regulating the supply..

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Court: Supply to government and private hospitals and hence there would not be a need for passing an order.

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Court: We understand the concern expressed by and this is the reason we have not passed any order inconsistent with the order of the Principal Bench.

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Court: With the direction at Principal Bench at Mumbai, we are of the view that it helps us in issuing further directions to the local authorities so that at the local level, the supply chain of oxygen could be made effective and beneficial for the COVID patients of Vidarbha.

The Central Drug Controller informs the Bench that several cases and people have been booked for offences of hoarding and black-marketing of #Remdesivir

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Controller submits that the Remdesivir requirement has reached a point of overprescription. They conducted raids and thereafter export was banned.

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About the supply of Remdesivir drug, the Court states they have received valuable information.

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Court: We place on record our appreciation for enlightening in the supply.

As per Controller, there are 7 companies with 38 lakh vials a month.

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Controller: the raw material which goes in the manufacturing of this drug has been made duty free. The production capacity of all 7 companies have been increased to 88 lakhs.

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Controller: Another period of 20-40 days is required to further increase production. The production is not of the level as is expected optimally

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Controller: Whatever available vials are distributed by a Central level committee and such distribution is based on relevant factors of each state.

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Other lawyers have submitted that even within the limitation of capacity of 20-21 vials per month, the quota allocated to State of Maharashtra from April 21 to 30, 2021 can be increased from present 2.69 to something substantial.

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Controller: If clarification and specification is received from Maharashtra then appropriate decision can be taken and vials available in hand will be given

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Court: If it is found after checking the supply of vials that more vials are required then appropriate request and proper justification can be made to central level committee

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It is clarified that most government doctors are following SOPs scrupulously when there are submissions on black-marketing of drugs.

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Court is informed that there may be problems with home quarantine patients as they may be prescribed Remdesivir drug so the Collector can take appropriate action.

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Court: Can you conduct an enquiry in this regard? Because we have seen people boast as to how they procured and whom they contacted and all. Something concrete?

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Court: Since treatment of COVID patient is entirely in the hands of experts in the filed, there is very little that state machinery can do in this regard, unless experts point out any irregularity in the system.

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Court: Unless there are incident of manifest misuse are brought to notice of nodal officers and unless they are seen to be completely in violation of mandatory SOP, the state machinery would not be in a position to take action against medical experts wrongly prescribing drug.

Court: this is the area which largely remains in the discretion in the medical field, and we would request all doctors and medical patients to try and scrupulously follow SOP unless in their opinion departure is necessary to save life.

Court: If medical fraternity follow SOP, then it would go a long way in our battle against the virus. Their proper discretion the matter would help reducing the requirement of the drug as they is already shortage in the drug production.

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Court: We hope the medicine is not indiscriminately prescribed and judicially used and the medical practitioners and patients to take care of this.

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Court: We must say that although we welcome information from any and every source, we do not entertain any intervention unless we are satisfied that he information and the assistance given to court is of real use in our effort against covid-19.

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Court: We have notice that many intervenors do not follow basic procedure of filing aplication. Hence time has come to regulate this procedure, and we will not entertain IAs till proper procedure is not followed.

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Hearing ends.

Matter to be taken up on April 27, 2021 at 2.30 pm

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