Thread by @barandbench

Aurangabad Bench of #BombayHighCourt to hear plea seeking criminal cognizance into the procurement and distribution of #Remdesivir vials by BJP MP Dr. Sujay Vikhe Patil.

Hearing today before Bench of Justices RV Ghuge and BU Debadwar @ 2.30 pm

#COVIDEmergency #Aurangabad

Hearing begins.

Chief Public Prosecutor DR Kale said Collector had placed an order of 1700 vials our of the 10000 vials. RTGS payment made to that effect.

Court: We are dealing with allegations that 10000 vials came!

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Court: then why was Sai Baba Sansthan thanking Vikhe Patil for supplying vials. We may have to order a CBI or CID probe in this.

The Court is shown a collector report.

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Court: There seems to be an attempt to cover up!
The collector seems to have given information to press to give a clean chit to the MP.
We are yet to conclude if there has been some cover up.

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Court: Why is the Ahmednagar collector giving a press conference and giving clean chit to this person? If this is so, he should be transferred out immediately!

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Court: Collector’s duty is to whom? MP or citizens. This requires investigation.
Last hearing we said respondents shall do their duty. Is this your duty?

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Court: The principal bench also took cognisance of this issue. After the hearing in this bench, the next day, the Chief took cognizance. They said Aurangabad bench will continue hearing the plea, but they asked the State to respond.

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Sr Adv Hon submits that patients have been praising the MP>

Court: You are speaking for the patients? How do we know you are speaking for them?

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Court: We are going to record your submissions. That patients feel MP is their saviour. Patients know how their medicines was acquired. That petitioners are habitual petitioners which keep filing petitions against Vikhe Patil.

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Hon: But he has helped the patients.

Court: Your submissions sound to us like Robin Hood. Robbing from the rich for the poor.

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Adv Abhay Ostwal submits that he is appearing for the trust which received benefit from the vials.

Court interrupts him.

Court: We will hold you for stopping administration of justice. We cannot have you justifying for someone. This plea is for cognizance.

Court: If we find that cognizance is required, we will order registering of FIR.

Ostwal tries to make more submissions.

Court: WE will hold you in contempt Mr. Ostwal. You do not have an IA here. You can hear, listen, not submit.

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Court records facts in the petition.

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Court: The applicants have tried to explain the manner in which the relatives have been admitted in the hospitals and how they were saved only because of availability of Remdesivir.
The patients feel the concerned MP is their saviour. They know how the medicines were procured.

Court: As per info by the Collector. These are objecting to filing of this petition as the petitioners seem to be habitual petitioners against Vikhe Patil.
They claim injections are effective.

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Court: Petitioner submits that the petition has been filed on the basis of video clips put by Sujay Vikhe Patil and press release is at his behest.

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Court: Petitioners are aiming for investigation into the procurement and they have no grievance against patients who have ultimately benefited.

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Court: Hon submits that how can a people’s representative be blamed for saving life of 100s of patient. The concerned persons has saved lives. We are surprised by the contentions in the application.

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Court: It is apparently on account of them having received the vials. We do not find the assistance of the patients to find out that the MP has gone out of his way to procure in a criminal petition. #COVIDEmergency #Aurangabad #BombayHighCourt

Court: In normal circumstances, it would have been appreciable to any person, be he a people’s representative, a social worker, in making efforts for saving lives.

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Court: However the issue raised in the petition is to find out if procedure by the concerned person was a procedure recognised in law?

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Court: This submission reminds the Court of Robin Hood. Who robbed the rich to save the poor.
Considering the parameters and limitation in the criminal WP, we are of the opinion that we would not be traveling into the extent of beneficiaries.

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Court: IT is not our job to find out the procedure. It is for the law enforcing agencies to find out and investigate.

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Court: This IA do not deserved to be considered and is dismissed.

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Court finishes the order.

Asks Kale on the press release.

Court: from the report and the additional affidavit of petitioner, we can see that MP held the press conference. Why did he not do anything against the press saying they reported falsely?

Kale: Let me take instruction

Kale: I need sometime to take instructions.

Court: We will go very slow to initiate criminal proceedings against someone. Because this is HC. If we do that then there will be a queue from tomorrow.

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Court: We do not want to proceed unless we have strong material. We do not trust the petitioner, but we have to be cautious with what you submit as well.

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Adv Talekar appearing for the petitioner submits that no one else can be believed, but the vials came in through a chartered plane. So the airport authority can check .

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Court records for the main petition: We have perused the annexures containing screenshots of purported recording of the MP himself while travelling through a chartered aircraft.

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Court: From the prints it is made to believe that the vials were procured by said MP.
Petitioners have filed an additional affidavit.

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Court: There a news report in daily Sakal Ahmednagar edition indicates that the MP admits that he travelled through a chartered aircraft from Delhi and carried Remdesivir injections with him. He does not spell out number,

Court: But the injections were allegedly handed over to the govt hospital and Shirdi Sai Baba hospital. He had recorded himself handing over and claimed he procured the injections to save lives.

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Court: In the same news item, the concerned MP has further stated that he has preserved all records for procuring and he has denied that he had purchased 10000 injections contrary to what appears in videos by him.

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Court: In additional news cutting in the affidavit, the correspondent has reported about the visit of the MP to the office of the collector.

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Court: a press conference was held at the district collector’s office. The Collector addressed.

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Court: He stated that concerned MP had wanted to re-start a COVID hospital in a shut down hospital. The Collector advised him that injections and oxygen cannot be supplied through district govt hospital and the said injections can be purchased directly from manufacturer.

Court: Kale submits a communication received from the Collector along with 48 pages of documents. A draft reply is prepared by the collector

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Court: In that, the DC has stated that in para numbers 2 to 6, as under. Considering the above contents, we find that the collector permitted the civil surgeon for placing an order directly with the company.

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Court: The two receipts indicate that the civil surgeon, an amount of Rs. 7,56,000 and Rs. 18,14,400 was paid.
Dr Vikhe Patil medical stores, has credited an amount of Rs. 25,70,400 in the account of civil surgeon Ahmednagar.

Court: This makes one thing clear, that these 1700 injections which the Collector solemnly states to have been purchased to have been followed by legal procedure have been supplied form a firm in Sadashiv Peth in Pune.

Court: And these injections have not taken the air journey.
Though we are not forming a opinion, considering the press conference allegedly held in the premises of Collector by himself, and the receipts before us, that these injections have not taken route from Delhi to Shirdi.

Court: The MP is trying to protect him by holding a press conference and most of the vials have been handed over to Vikhe Patil medical stores.

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Court: The question is as regards the concerned MP is did he carry a different box of vials from Delhi to Shirdi? Whether the video recording and photos during his air journey and landing at Shirdi and distribution, are truthful or not?

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Court : and whether need to be investigated.
Considering role of the collector, unless known otherwise, we do not think that we would have the confidence his role in any investigation.

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Court: Kale submits that collector may be given an opportunity to explain away his position and an adjournment of 3 days may be granted. In view of above, we list this on May 3, 2021 @ 2.30 pm

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Court: We direct the principal secretary, home department to ensure the details of the air craft landing of the chartered aircrafts, in between April 10 to 25, 2021 and check the video recordings on the consignment since the allegations.

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Court: Also since the MP claims he landed on the Shirdi airport with the vials.
We will not accept any excuse for procuring the details.

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Court: matter stands over to May 3, 2021.

Kale asks for more time.

Court: SC once woke up for a matter at 3 am. This is a serious issue, you have to work overnight!

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Hearing ends. Matter posted for hearing on May 3, 2021.

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