Thread by @barandbench

#BombayHighCourt to begin hearing suo motu plea concerning #Covid_19 situation in districts falling within the Aurangabad Bench jurisdiction.

Hearing before Bench of Justices RV Ghuge and BU Debadwar.

#COVIDEmergency2021 #maharastralockdown

The Aurangabad Bench initiated the suo-motu litigation based on newspaper reports on issues pertaining to #OxygenShortage #RemdesivirBlackMarketing and more specifically, on funeral rites of deceased patients.

barandbench.com/news/litigatio…

Hearing begins.

Adv Satyajeet Bora, amicus curiae has tendered the public interest litigation he has drafted based on the reports.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court issues notice. They clarify that they want to issue some directions which will be applicable to the 8 districts in their jurisdiction.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: We issue this direction: people who are stepping out during the relaxation hours for whatever reasons will have to carry their Aadhar card with them.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: They will compulsorily wear masks. People on two wheelers will wear helmets.
If people are seen violating these directions, then appropriate cases can be registered.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: We are also going to pass directions on the adulteration of the Remdesivir. If such cases are found case has to be lodged.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: Tell us what is the situation on vaccinations? Is there a shortage?

Chief prosecutor responds there is shortage, but it is being procured.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: We are not trying to grab the share of Remdesivir or vaccinations of other districts. We are aware of the criticism on the Nagpur order which said you give us 1 lakh vials, which meant that don’t give to others.

#REMDESIVIR #BombayHighCourt #COVIDEmergency2021

Court also adds that any person who is found violating outside, the authority can conduct RT PCR test on them.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Prosecutor submits that they are conducting antigen test.

Court: Yes, but that is not really a conclusive test. RT-PCR is conclusive.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court then proceeds to dictate:
After considering numerous reports in media, on April 22, we passed an order.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: Today amicus curiae has presented PIL paper book.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court issues notice to respondents, returnable on April 29.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

ASG, Chief PP waives service of notice.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court records: We request the Chief PP to take assistance of the Commissioner of Police and Divisional Commissioner Aurangabad to intimate next date to unserved municipal corporations and councils.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: Leave to add Divisional Commissioner Nashik and Superintendent of Police Aurangabad.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: The counsel have addressed the court. Amicus curiae and Chief PP have drawn our attention to April 22, 2021 passed by Chief Justice Dipankar Datta at Principal Seat.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: We have perused directions given at para 27. Considering the above, needless to state, we would be refraining from dealing with any issue that is covered by the Division Bench of this court at the Principal seat.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Taking into account the newspaper reports, prima vice makes us form a view that residents of 12 districts amenable to this jurisdiction, need to practice restraint and discipine.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: We find youngsters are travelling triple seat and four persons on a single motorcycle without helmets and masks.

#REMDESIVIR #OxygenShortage #BombayHighCourt #COVIDEmergency2021

Court: IN the first wave, this court had taken cognizance of citizens not complying with directions of Aurangabad personnels and having initiated actions against such people. We had issued directions/ guidelines, etc.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We are dealing with following issues:
1. Violation of lockdown restrcitions
2. Adulteration of Remdesivir injections
3. Relatives of COVID-19 deceased being made to approach authorities for cremating
4. Utilisation of app by Aurangabad Municipal Corporation

Court: 5. Hospitals being declared COVID hospitals to ensure that status of availablilti of beds for COVID-19 patients being uploaded on their website.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: 6. Divisional Commissioner Aurangabad or Collectors of all 12 districts to hold press conference or issue press release after 7 pm each day to indicate the COVID treatment facility available in said district.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: 7 Adequate supply of vaccines for vaccination drives
8. Adequate supply of RT PCR tests

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Chief PP has informed us about the relaxations and strict lockdown periods. Essential services have been initiated through SOP of State, are exempted.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: IN this context, we are directing as under:
a. Barring the relaxation of 4 hours from 7am to 11am on the 5 days from Mon to Fri, any person using a two/three/four wheeler light or heavy Motor vehicle shall carry his AAdhar card failing which police can book them

Court: Even doctors, medical, paramedical staff should carry Aadhar with them.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Every person, barring a bicycle, or those occupying three vehicles and above wheeled vehicles should be wearing helmets while moving the streets.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Since we are informed by Chief PP that the rider and pillion rider have to wear helmet compulsorily now.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: any person stepping out of the house coming to the street even on a vehicle have to wear a mask covering the nose and mouth. Any person not wearing a mask, or improperly wearing a mask turn out to be super spreaders. And appropriate offence will be registered against them.

Court: Lockdown restriction violators will be subject to RT PCR, and hence the persons have to carry an Aadhar card and he should divulge his mobile number.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court (to lawyers): We have found that whenever someone is caught, they just call someone on the phone and say “speak to the MLA, etc.” We saw something on TV, and we have no words to describe the way he was behaving.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Adv Chapalgaonkar appearing for a Respondent submits about an order of the District Magistrate giving certain relaxations to the persons belonging to Islam community during their holy Ramzan period to cater to distribution of food.

#COVIDEmergency2021

Court records this and states that collector and road traffic police should take these peculiar circumstances into account and refrain from registering cases against them only during these period.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: However this would not be a relaxation for any person from Mahomedan brotherhood to violate the restrictions and directions beyond the period of relaxation granted by Collector.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We expect Collectors of all districts to grant relaxations to all districts akin to the relaxation granted by Aurangabad collector. These relaxations shall be restricted only till the month of Ramzan and not beyond that.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: any person, be he a people’s representation or holding any position in any political party of corporation of council or Zilla Parishad or Village Panchayat, shall not exert any pressure or influence against any person of law enforcement agencies imposing restrictions.

Court: This is for stopping them from booking any offence against the violators. This will be considered an obstruction in duty of those officers.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court (dictating): the above directions will apply to public servant not on duty.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: in so far as news item published by newspapers are concerned with regards to relatives died on account of COVID-19 infection, it is reported that persons in charge of funeral ghats are seeking bribes for performing funeral rites.

#OxygenShortage #COVIDEmergency2021

Court: At some places kerosene or diesel is used for setting fire to pyre. Wood that is being used, is also being sold at exorbitant prices which almost amounts of black marketeering of items for funerals.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We call upon Divisional Commissioner of Aurangabad and other Commissioners to consider electric furnaces at crematoriums. There will be constant check that the relatives of the dead persons are not harassed by extorting money for rites.

#COVIDEmergency2021

Court (to Chief PP): Why is NOC required from police station?

Chapalgaonkar submits if the no.of persons exceed the permitted number then permission is required, else not required to restrict no of people.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court records this.

Court: However on the pretext of limited persons, if this restrictions are violated, then offences can be registered for misguiding the authorities.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Even during the funeral, every persons is supposed to wear a mask covering nose and mouth. Permission for funerals from police station to continue.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Persons having found selling remdesivir at higher prices nothing short of black marketing, then such persons shall be booked under criminal offences.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Any state instrumentalities are found to be involved, or any person unauthorisedly found selling these injections as found in the reports, criminal offences would be registered against such persons.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court clarifies to Chief PP that they have made this observation as there are reports from Nagpur and Mumbai.

Adv Pradnya Talekar submits to the Court that she has filed a petition against an incident in Ahmednagar where an MP was found distributing 10000 vials.

Court: So what is your prayer?

Talekar: : That those vials be confiscated and redistributed as per the allotment.

Court: Definitely! And register offences if it is proved right.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court tells everyone hearing the matter that if they have any suggestions to be added in the order, same can be given after they complete their dictation.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: This is not an adversarial litigation. We are supposed to sit Monday and Thursday, but for this, we will sit for more days if need be.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: There is a lot of reporting in the print media as regards of supply of oxygen and remdesivir injections.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We have taken note of the meeting conducted by the Divisional Commissioner with private hospitals to start their own oxygen plants. We appreciate this decision and the steps taken by the state as is reflected in a news item.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We request Chief PP, to inform the Court on the next date as to whether private hospitals who have been earmarked for COVID have initiated any steps for installation of oxygen plants. Those hospitals who have already installed, be conveyed to the Court.

Court: IN the event of private hospitals approaching the state for seeking permission to install oxygen plants, the State authorities shall give highest priorities to such applications and without any unjustified wastage of time, shall accord permissions

Court: Subject to the rider that they are state of the art, so as to avoid any accidents that have taken place in places like Nasik and Virar (Mumbai).

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Adv Talhar submits that there are schemes..

Court: Mr. Talhar there is an SOP, there are guidelines, everything is in place, your officers are not in place!

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Ms. Talekar told us about this incident in Ahmednagar. How could an MP bring the vials right from under your nose? The schemes are good, it is made bad by rotten people.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court (continues recording): The administration to continue publicising the app which gives details about the status of COVID services.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: The Chief PP informs us that every hospital has been given receiving equal distribution of oxygen.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021Corut

Court: We do not intend to interfere with the Union policy of equal distribution in all places. We intend to monitor the distribution of the supplies in the 12 districts in a manner that the equal distribution policy is not disturbed.

#REMDESIVIR #OxygenShortage

Court: It has also been pointed out in a news report that there are drugs which are as effective as Remdesivir. Remdesivir seems to be more in demand as it is widely publicised.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Since everyone is demanding Remdesivir, there is a shortfall created. We suggest the authorities to publicise the alternate drugs so that Remdesivir is not demanded.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Over insistence on Remdesivir can be reduced.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court suggests the other drugs that can be used as an alternate as informed by the lawyers.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Keeping in view that a single dose of Virafill is enough in comparison to 6 vials of Remdesivir

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: The directions issued by a co-ordinate bench in 2020 had issued certain directions, the same directions are reiterated in the second wave as well.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: In order to ensure the directions are properly understood by the respondents, we find it apposite to reproduce the directions herewith.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Talekar who was watching these proceedings has mentioned a petition filed through her office. CrPIL petition.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Chief PP, request no orders be passed in this as petitioners are active politicians, and her grievance is made against a serving MP of Ahmednagar who have allegedly procured Remdesivir in secrecy.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: And that he has distributed the vials in public as a political stunt, is what is alleged and put up the videos. He says he wants to take instructions. In view of above, we are refraining from passing any order.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Until the next date, we are yet to decide if this would be a Cri. Writ Petition or Cri. PIL.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Talekar submits that the 10000 vials have allegedly been transported by a chartered flight, by the MP. There are screen shots and videos.

Talekar: As this is being done illegally, immediate confiscation of the stock is important.

#REMDESIVIR #OxygenShortage

Court: A serious allegation is made in this petition. We consider it to be a writ petition. The respondents are free to take such steps as they would have taken in such situation as a call for duty would demand them to do.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Chief PP requests that the suo motu matter be kept on May 3, 2021 so that the same is not mixed up with the writ filed by Talekar.

Court agrees.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We know this is not an adversarial litigation (suo motu). We also know that you are with the court. Ultimately this is for the people.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Adv Radhakrushna Ingale appearing for a municipal corporation submits that the rapid antigen tests and RT PCR be made available in public centres of the rural parts.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Several patients are travelling to the city due to lack of infrastructural facilities. This leads to increase in mortality. Rapid antigen test kits are not available at the Primary health care centres established.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: Poor people at the rural places could rush to the centres for a test instead of coming to the city.

A positive rapid antigen test is a clear indicator of COVID+, so the respondents should initiate steps to ensure primary health care centres have the supply required.

Court appreciates the suggestion.

(To Bora): Next time you come with suggestions. The Bar members are likely to flood you with suggestions, and those may be good.
This is ultimately for the public.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Hearing ends.

Matter to be heard next on May 3, 2021.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021