Thread by @barandbench

[SUNDAY HEARING]

Bench led by Justice SB Shukre of #BombayHighCourt to hear the suo motu PIL to consider issues concerning #Covid management in #Nagpur and surrounding districts.

#COVID19India #CoronaPandemic #NagpurFightsCorona

Bench has assembled.

Court asks what are the active cases?

Amicus curiae SP Bhandarkar submits it is 6.64 lakh as on May 1.

Court: Have you seen the fresh order of allocation of Remdesivir? Now it says 3.74 lakh for 10 days.
The reduction is by 16500.

#COVID19India #BombayHighCourt

Court: Is the reduction proportionate to reduction to active cases? No it is not. The reduction in cases is 2%, the reduction in allocation is 8%.

#COVID19India #BombayHighCourt

Court: It is more than that, it is 14.5%
We need not consider the company wise allocation.

Upto April 30, it was 4.75, then for the next 10 days it is 3.64.

Court asks ASG to respond.

#COVID19India #BombayHighCourt

Adv Mugdha Chandurkar holding for ASG UM Aurangabadkar submits that they have not received any restrictions, but she will immediately seek instruction telephonically.

#COVID19India #BombayHighCourt

Chandurkar requests the Court to permit ASG to join the call telephonically.

Court permits.

#COVID19India #BombayHighCourt

Court: According to us the reduction in Remdesivir vial allocation is not aligned to the reduction in cases.

The active cases have reduced only by hardly 1.2% whereas the reduction in allocation to the state of Maharastra is about 14.5%. This mis match needs to be reconsidered.

Court informs the ASG that they will pass an order directing the Central Government to revise the new order and align the reduction in proportion to the reduction of cases.

ASG requests the Court to not pass an order to that effect, he will seek instructions on his end.

Court records his submissions that he will inform the Court on the next date. The court however requests the Centre to reconsider the allocation and align it with the active cases in Maharashtra.

Amicus curiae Bhandarkar submits that Central govt needs to reconsider the allocation based on the foll considerations.
1. Percentage of share of each states in the national figure of active cases

Bhandarkar: If at a given time, as for eg, share of Maharashtra in nationwide load is about 20%, they should be getting 20% vials produced.

Adv Tushar Mandlekar for intervenor submits that the present order does not reflect that.

Mandlekar: If a direction is issued for re-considering the nation-wide load then that would not mean there is reduction in other states as production capacity of companies is more than what has been previously stated.

Court: As of now we do not have any figures of actual production of these manufacturing companies. If any directions is to be passed by us, there is a possibility that this will have a trans-border impact.

Court: We are of the view, that this issue can be best decided only by the Centre and we can only make a request to them to appropriately consider the submissions.

Mandlekar submits that the city of Nagpur has received the 20000 vials of Remdesivir after the High Court ordered in yesterday’s hearing.

#COVID19 #COVIDEmergency2021 #Remdesivir

Vijay Waghmare, State Nodal officer, submits that they received stock as per the order. And the same is being allocated as per the order.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court: We are glad the order is being complied with. But how are you going to ensure a steady supply?

Nodal office submits that they will be supplying as per the cases in each districts and there shall not be a gap in supply.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court: There is some issue at the level of Pharma companies. They are not honouring their commitment.

Nodal office: They are not, yes.
As against previous allocation of 4.73 lakhs till May 2, they have only provided 3.44 lakh and pending is 1.43 lakh as of April 30.

Nodal office: We have been in constant touch with the companies.
Their reason is that there is a gap of Beta-dex. This is subject to confirmation.

Court: Can you place the production capacity of the companies?

Nodal office: Yes, at the earliest.
The Disaster Management Department informed me, that they have issued an expression of interest for 10 lakhs. They have received 20,500 in that.

Court: At the state level also there should be centralising. One dept places one order, the other dept places another order. Then there is private hospitals.
So centralise everything. On May 1, we had issued an order for centralising. We referred to the provisions of various Acts

Court: Tender procedure can be dispensed with. This can be done by the State.
Every delivery should be at specific depots and the state should ensure they allocate as per their orders.
There has to be centralised system in the State.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court: We are sure there are backlogs of Remdesivir in other districts, not just Akola, Bhandara, and Nagpur. We had issued directions to remove this backlog. What are we going to do of this backlog?

Nodal office: Based on the active cases, there will be shifting quantities in the supply. We will take care of deficits accordingly.
So based on the active cases weekly, we will ensure that the districts get as per requirement.

Court: The primary purpose of holding this emergency hearing was to ensure compliance with directions regarding supply of Remdesivir vials by way of relief.
We have been informed that in all 19k vials have been received at Nagpur. 960 vials will be received today evening.

Court: Is 960 are received today, then that would comply with the order we passed yesterday.
We direct the vials are distributed amongst the Nagpur city, Akola and Bhandara as per our order.
This shall be done immediately and forthwith.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court: We have also noticed that everyday, the vials that are being sent to different districts of Maharashtra are almost in short supply of what should be supplied as per district wise allocation.

Commissioner FDA is virtually present.

Commissioner FDA informs that steps will be taken to ensure that the shortfall will be taken care of. They are in touch with the Pharma companies.
The shortfall is of 1.43k. The Pharma companies are required to bear this backlog and continue to supply these vials as per order.

FDA: The Disaster management has issued expression of interest for 10 lakhs. From out of such EOI, they have received 20,500.

Court: This is yet another source for Remdesivir.

Court: We had already expressed need for centralising for procurement of vials. Now we feel it is urgently required for all kinds of drugs. Chief Secretary is directed to take immediate steps.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court: There has to be a strong element of order which would go a long way in reducing and removing the chaos that is prevailing in the system as of now.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court directs pharmaceutical companies to first supply vials to the state government, district authorities before providing to private companies. If the companies fail to abide by this direction they will be jeopardising with precious lives.
#COVID19 #COVIDEmergency2021

Court: The pharmaceutical also to send their daily production figures to the State, nodal officer and Commissioner FDA as also upload on their website. Steps will be taken under criminal law if they do not follow these procedures.
FDA is to send this order to all companies.

Commissioner FDA requests the Court to not add city in the order - but to mention district as the vial allocation is district wise.

Court: We had mentioned city because the allocation in the rural par of Nagpur was an issue.

Court: In any case we are not just concerned with Nagpur COVID patients but every patient. We are limiting ourself to Vidarbha, because the other benches are also seized of COVID related matters.

#COVID19 #COVIDEmergency2021 #Remdesivir

Court: We direct FDA state of Maharashtra to upload the production of Remdesivir and supply received from companies.
We further direct FDA to upload the order of weekly distribution of vials. We direct them to upload the vials actually received and the backlog on daily basis.

Court is informed that the Health department has well established system with more staff. They are better placed to put out figures.
As far as public procurement is concerned health department is doing it efficiently.

FDA: If we issue an order for entire stock (we only do for private parties), and then the health department faces a problem to match the numbers there will be confusion and chaos on the field.

Court: In consultation with FDA, Maharashtra, we direct the health secretary to issue fresh district wise allocation order as per May 1 order.
The order shall be issued within 24 hours from today. It shall be uploaded on the website of health ministry.

Court: This system will be in operation till procurement is centralised. Once some centralisation takes place, the State will have to consider another method, modify this system appropriately.

Court: What about the remaining backlog?

FDA: We commit that the total quantities will be removed equitably. The backlog will be taken care of, we just request that it will not be done in one go, it will done over a period of time.

#CovidIndia #NagpurFightsCorona

Court: We were not intervening, but in the past few days we noted that there were no vials coming in, hence we had to intervene.

FDA: Then the companies be directed to honour their daily supply.

#CovidIndia #NagpurFightsCorona

Court records this submission.

Court: Our order of 20000 vials to be supplied to Nagpur, Akola and Bhandara has been substantially complied with. But that is in the nature of interim relief.

#CovidIndia #NagpurFightsCorona

Court: The backlog nevertheless continues to trouble all these places and Vidarbha region. Hence further directions are being issued.
Maharashtra and its procurement agencies are directed to ensure that everyday Pharma companies supply and deliver Remdesivir vials.

Court: On a daily basis to fulfil their supply quota. The Pharma companies if default, then coercive action to be taken against them. They are requested to comply with the daily quota of supply as set byt he Centre.

#CovidIndia #NagpurFightsCorona

Court: If there is any difficulty in making delivery on account of transportation, the same could be taken care of by the State. If necessary, they shall make arrangements like airlifting from production facilities.

#CovidIndia #NagpurFightsCorona

Court: The state is requested that as far as possible no gap is created in terms of the Central govt order. In this regard, if any pharmaceuticals have issue because the State has not placed an order, then the companies are directed to not wait for such orders for the reason that

Court: placing of supply order is completion of formalities and they can always be completed after actual supply has been made. We direct the health ministry and FDA to immediately place supply with all pharmaceutical companies to enable them to send the quota of supply

Court: For this the State may exercise their powers under Section 2 of the epidemic acts and disaster management act and do away with tender procedure. For prices of the vials, an appropriate decision need to be taken.

Court: This shall be done within 48 hours from today.

#CovidIndia #NagpurFightsCorona

Court: Agents, distributors are directed to ensure that since these pharmaceutical companies are serving them with the stick, and they will submit a compliance report accordingly.

#CovidIndia #NagpurFightsCorona

Court: all details about the names of the company and the oxygen cylinders and other infrastructural facilities necessary for production, storage, supply and distribution of oxygen to various hospitals in Vidarbha region are also given.

#CovidIndia #NagpurFightsCorona

Court: Since the thermal power station is situated within Gondia district, the direction to approach the power station has been shifted to the collector Gondia. It was earlier with Bhandara.

#CovidIndia #NagpurFightsCorona

Court: What about the Central Control Room?

We had said district collector was to allocate a room, and centralise everything, including beds, oxygen and drugs.

Court: We direct the control room to have not only a 24x7 services. But also provide information from the central government. Assistance may be sought accordingly.

Hearing ends. Matter kept for hearing on May 5, 2021.