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 before Bench of Justices RV Ghuge and BU Debadwar.

Hearing begins.

Sr Adv Shirish Gupte appearing for the court points out that any order in the writ petition should not be passed without hearing the suspect.

His contention is that petition is not maintainable.
While Gupte is making his submissions, the Court intervenes and points out that since this bench has taken up the criminal assignment, they have never passed an order to register an FIR against any MP.
Court: We have held in those orders that we will not act like an SHO and the parties should take recourse of Section 156.
Court: Your client is probably under the impression that “trigger happy judges”. But we have held in the past too that we will not proceed in haste in such proceeding.
Court: There are news paper reports which say that we will direct registration against the MP.
You are probably under the impression that this is what we would be doing.
Court: We have opined in the previous orders that Remdesivir is not some magic drug, we have opined the there are alternatives. We have held that we want this drug is to be utilised in a proper way. But the manner in which it was procured, is what we are concerned with.
Adv Pradnya Talekar appearing for the petitioner submits that she had approached the police the very next day after Patil’s video was released.

Talekar: This is not just for an FIR. The vials which were procured happened at a time when there was a severe shortage of Remdesivir.
Court: What is the order you except from the court?

Talekar: Registration of FIR.

Court: You want us to register an FIR 12 hours after complaint is filed.
Court: Do you think it is possible within a writ jurisdiction to go into the factual aspects of the number of vials, the places from where it is procured.

How is a division bench supposed to find out where the 8300 vials are from the 10000 vials claimed by petitioner.
Court: We have noticed that press reporters have reported before our orders are out. We feel they do not read our orders.
However the Supreme Court has said the other day, that they cannot be stopped from reporting.
Court: So we also decided, let them report what they want to report. We will pass orders which satisfy our conscience.
Court indicates that they will first reject the application on the ground that he is not required to be heard as he is proposed accused.

We are directing the SHO to consider the complaint in accordance with CrPC and give a compilation of documents.
Court: If the petitioners have any grievance then knock the doors of the court.
Court begins dictating order.

Refers to earlier orders.

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More from @barandbench

6 May
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