[Remdesivir via chartered flight]

#BombayHC will continue to hear a plea seeking an FIR against #BJP MP from Ahmednagar, #SujayVikhePatil, for allegedly illegally procuring #Remdesivir.

The Court will also hear a suo motu PIL on #covid19 management in #Maharashtra. Image
The division bench of Justices Ravindra Ghuge and BU Debadwar, in Aurangabad, will hear #SujayVikhePatil's plea seeking to be impleaded as a respondent.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency

livelaw.in/news-updates/b…
Hearing begins

Court to Sr Adv Shirish Gupte for Patil - You are canvassing a point that because of the allegations against you and the prayer that the FIR be registered, you should be heard?

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte- I will demonstrate the petition is not maintainable, the court of course has wide powers.
I should be impleaded as a party.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte on the right of audience cites a full bench judgement

Gupte - I have circulated a compilation

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court to Gupte - The facts of Antulay's case is are very different. There is a difference between an accused and a suspect.

The bench cites a judgement in which Gupte argued and succeeded to the contrary.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte- That was a different brief, maybe I was holding the wrong brief at that time.

COurt - No no, we refuse to believe Mr. Gupte would canvas a wrong point in law.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court when the AOR tried to interrupt

It is elementary courtesy. When senior advocates are engaged and addressing, youngsters have to respect and not interject.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte is now citing another judgement.

Gupte- The issue is directly what is before your lordship.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte - The petitioner goes to the police station on the 25th and then comes to this court.

Court - The principal seat at Bombay has taken cognisance of this. In our suo motu PIL we are only dealing with Remdesivir, Oxygen.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - This complaint was filed by the petitioner with the police on 25th and approached the HC on 26th. The police officer probably didn't have a chance to read the complaint.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We are considering the SHO dealing with a complaint under the CrPC.

Gupte - The complainant is my political opponent.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court adds it is yet to decide if they are considering the petition as a PIL or a writ petition.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - Our bench has been sitting on this assignment since Aug 2020, we have still not passed an order directing registration of an FIR we have said we will not do the job on an SHO.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
We have observed that if the investigation is not going in the proper form we have said procedures should be complied with. We have said take recourse of 156(3). Your client is under the impression we are trigger happy judges.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - We were not informed that the petitioner approached the police station on 25th when the consignment arrived on 19th.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - We would be justified in asking the SHO to consider the complaint as per the CrPC. We may confess to you it is physically impossible to read every para or every petition.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte- My client did not think that about the court. He only wanted to know if we can approach the HC.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - We have noted in our order that doctors should stop insisting on Remdesivir. People think this Remdesivir is amrut.. there are other alternatives.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We want this drug to be utilised in a proper way.

Emphasizing on the dangers of half-knowledge, the bench quotes former CJI Justice RM Lodha "Neem Hakim Khatra-e-jaan"

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Adv Pradnya Talekar for the petitioner says that MP Sujay Vikhe Patil's videos came out only on 24th and then the police was approached the very next day.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We know our powers under 226, therefore we didn't take it as a PIL, as we saw petitioners were politicians.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - Today we would call upon the chief govt. pleader to tell us if they will deal with the petitioner's complaint as per law.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Talekar - My petition was not just for an FIR it was for training the vials. I am not an active politician I have not participated in any political activity in the past 10-15 years.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Talekar - If my cousin is in active politics it should not be used to test my bonafide.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - What do you want from us?

Talkekar - An FIR. Criminal jurisprudence is also about deterrence. This is when the country is burning. After Vikhe other politicians also procured vials with the help of the same collector.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
J Ghuge - I am a person who has never said I am powerless. I have never abdicated my duty. We need to find out if those injections actually arrived at Vikhe hospital, if they were used, the patients who got it – can we get into all of this?

#BombayHC #Maharashtra #Aurangabad
Court - How does a High Court division bench investigate such a thing? We can only ask the investigating officer to follow the provisions of the CrPC.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We have noticed that the press reports before our orders are uploaded. Two days ago the SC has said "let them report," then we said alright, let them report we will pass orders and satisfy our conscience.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte reads out the affidavit filed by State before the principal bench of the Bombay HC.

Gupte- Argues that Hospitals and pharmacists were well within their rights to place orders directly with the pharmacist.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - The district collector was within in rights under sec 2. What remains in the petition? FDA has prepared a record. The intervenor is an MBBS doctor.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Talekar - This is not a private grievance. This act of private procuring is being repeated.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - If we pass an order for investigation in a case where action has been initiated within 24 hours, it will be cited as a precedent in every case to say that now take action as per this order.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court to petition - We are not concerned with press reporters reporting the dispute. We are concerned with black marketing. We will keep this matter on the first day after vacation.
#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Talekar - Please note, fudging of records is happening by officers at the highest level.

Cites ledger of the civil surgeon.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte requests a physical hearing.
Court - These young people are very smart in this technology. We can have a physical hearing.

Court - We were very comfortable on zoom. Someone said zoom is a Chinese app, govt. of India said "no" and stopped it.

#BombayHC #Aurangabad
Talekar - I would request the court to keep the matter pending.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We are convinced that the suspect cannot be heard by us at this stage. If you feel that the investigation is not being done properly you can approach the court again.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Gupte- The petition is not maintainable as per Lalita Kumari. They should have waited for seven days after approaching the police.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Talekar cites J SC Dharmadhrikari's judgement where the petitioner's statement was to be treated as a complaint.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - This is the order we are going to pass. We will reject Dr Sujay Vikhe Patil's application seeking intervention.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We will direct the concerned SHO to consider the complaint under CrPC. And we leave it to the SHO to investigate in accordance with the law.

Court orally - And if it turns out that the IO was involved in a coverup operation, he will lose his job.

#BombayHC
Order

Court - On 26th april 2021, we had passed an order in this cri. writ pet.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - On 29/4/2021, we have passed another order, para 12-23 in the present wp which read as under.
We have heard the ld sr. adv Gupte on criminal application filed by Sujay Vikhe Patil in which the prayer clause is...

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - as under. Another application has been filed by three applicants who claim to be close relatives of covid-19 patients given Remdesivir vials.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court notes the relative's application was rejected
Court - For the same reasons this application stand rejected. Pet. have filed for amendment..

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - Saying there are several other politicians in Maha who have also indulged in acts of allegedly unauthorisedly procuring remdesivir injections and distributing it in their constituency.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - A prayer is also made to constitute a SIT headed by a HC judge to enquire into illegal procurement of Remdesivir by politicians. However, it is stated that a police complaint is yet to be filed.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - Means the process of law has not been put in motion. We need not take cognisance of grievance in which a complaint has not been filed.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - The pet. want to file complaints. The writ jurisdiction need not be exercised before filing such complaint to conduct investigations necessary as its elementary that police officers follow the procedure of law.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We allow the pet. to withdraw the amendment application.

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - Our orders passed would indicate that we were not getting into the controversy if the MP was hijacking the investigation or not.

Court - We are concerned Rem. injections are not sold at premium prices

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - We were concerned with the injections being put to proper use by people who needed them under med. advice and we had directed respondents to investigate and trace out remdesivir injections.
#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - When we prima facie noticed the Dist. Col Ahmednagar Mr Bhosale was not appearing above board and responsible newspapers reported that he conducted a press conference in his office..

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - Practically giving a clean chot to the proposed accused we expressed our inability to trust him.

COurt - Ld. counsel drawn our attention to the memo of the pet.
#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Chit*
Court - The learned counsel for the petitioner has drawn our attention to the memo of the petition in which it has been specifically stated by Dr Vikhe Patil that he has released

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - ...2 videos on social networking sites that he had procured 10000 Remdesivir injections from pharma companies with whom he had friendly relations. And 150 injections were donated to the Sai Baba Sansthan and other donated to Govt facilities

#BombayHC #Maharashtra
Court - It is averred in the petition that Dr Vikhe Patil may have purchased these injections from the black market and an apprehensions were raised that he must be hoarding these injections to be sold in the black market and he must be using these to improve his political image.
COurt - An additional affidavit was filed by one of the petitioners on 28.04.2021. As regards the contentions the PP that that petition has been filed by politicians and the court is being used for political self-serving purpose
#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - It is then reiterated that Dr Vikhe has shown boxes of Remdesivir in his video claiming that they are 10000 injections and that this video is available on the following link

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - And apprehension is then voiced that the injections were not procured by Dr Vikhe by adopting a legal path and were infact procured by a manufacturer situated in Chandigarh who has not been approved by the GoI who is authorised to produce Remdesivir injections
COurt - A rejoinder has been filed by the petitioners to an affidavit filed by the district collector, attempting to make out a case of forgery and manufacturing of documents so as to protect Dr Vikhe

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - Based on such pleadings in the rejoinder, it is canvassed that this court will have to resort to a fact-finding exercise so as to conclude that the officers of the collector were manufacturing documents to protect Dr Vikhe.

#BombayHC #Aurangabad #COVIDEmergency
SC judgement cited to show the court can direct an FIR.
Court - No dispute that the pet. have directly approached the Superintendent of police..

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - Dist collector to register the FIR against Vikhe. they have not tendered an independent complaint to the PS seeking registration of offense/ FIR

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
Court - The pet. agree that a complaint has be filed at the PS and it is the purview of the SHO to register the FIR. ref- Lalita Kumari

#BombayHC #Maharashtra #Aurangabad #COVIDEmergency
COurt - We are circumspect as to whether the litigating parties are expecting an FIR to be registered within 24 hours of their complaint to Superintendent of Police, the District Collector and the Police Inspector of Rahuri police station

#BombayHC #Aurangabad #COVIDEmergency
Court - We are concerned with the lives of people being saved in the covid 19 pandemic distribution of Remdesivir injections.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil #Maharashtra
Court - We have passed directions in that regard. We were concerned with every vials of Remdesivir injection being utilised for saving lives.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil #Maharashtra
Court - and we have no hesitation in observing that any person be he a man from the lowest strata of the society or of a high office occupied by public would not be above law if it is noticed that he has violated the law.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
Court - If after investigation, it is noticed that Dr Vikhe has violated law, he would not be treated above the law and the law would not permit him to extricate himself from the law

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
Court - The pet. has submitted that they would be preparing material based on the records which has come before this court for lodging specific complaint before a police station and against such bureaucrats who may have indulged in forgery of documents.

#BombayHC #Aurangabad
Court - We are not expressing any opinion on this count as the police authorities are capable of resorting to section 161 of CrPC for the recording of additional statements. The petitioners can resort to the provisions for recording a complaint.

#BombayHC #Aurangabad
Court - This court is not inclined to express any view on this count

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
Court- In so far as the petition is concerned for lodging an FIR based on their complaint dated April 24, 2021 the petitioners have put forward the following prayers...

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
Court notes that 1700 vials of Remdesivir are purportedly accounted for...
Court - The petitioners expect this court to monitor the investigations.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
Court - We find from the facts of the case in hand that the video was purportedly uploaded by Dr Vikhe on 24.04.2021 and the complaint was addressed to the District Superintendent of Police on 25.04.2021 at 18.05hrs and this petition was filed on 26th.

#BombayHC #Aurangabad
Court - Considering the jurisdiction of this court on investigating a complaint, we need to permit the police authorities to investigate the complaint in accordance with Lalita Kumari

#BombayHC #Aurangabad
COurt - If the petitioners are aggrieved by the investigation or if they have material to show that the police are sheltering the accused, the informants can always knock the door of the court.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - Counting the chickens before the eggs are hatched may not be as serious as the phrase may mean for the society at large, but this would be dangerous for the courts and the justice dispensation system. We do not intend to do so.

#BombayHC #Aurangabad #COVIDEmergency
break for lunch, pronouncement to continue.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - Considering the time of filing, it is obvious that on one hand, the petitioners allege on the basis of the videos uploaded, that the concerned MP had travelled in a chartered flight with 10000 vials of Remdesivir

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - On the other hand the reports submitted before us indicate that the Civil Surgeon had deposited the requisite amount for purchasing 1700 vials

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
Court - The petitioners state that they would be taking assistance of the material submitted before this court to the police or file a different complaint

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - Allegations of the local administration to do a cover-up operation so as to screen the concerned MP from the clutches of law will also have to be gone into by the Investigating agency

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - We find it pragmatic not rush into any conclusions or become judgmental in view of the time-space in filing of the first complaint and lodging of this writ petition

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - Orders directing registration of an FIR are not required after the court is convinced that legal remedies available to the complainant is not exhausted.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - An order directing that the investigation to be handed over to any other IO, State CID or any other higher investigating agency, can be passed only after this court is convinced pursuant to an investigation that the IO is soft-peddling in the complaint and is a farce
COurt - The investigating agency will have to investigate if 10000 vials or any other amount over and above the 1700 vials were procured by Dr Vikhe.

#BombayHC #Aurangabad #COVIDEmergency #SujayVikhePatil
COurt - In view of the above, we are disposing of the petition. We have permitted the petitioners to present the documents or affidavits filed before us or prepare a fresh complaint
COurt - The police station before whom such a complaint is filed will follow the procedure as enshrined in the CrPC and if the petitioners are aggrieved by the manner of investigation, they do have a right to take recourse to available legal remedy.

#BombayHC #SujayVikhePatil
COurt - In so far as the application filed by Dr Sujay Vikhe Patil is concerned, the learned Sr Adv has strenuously canvassed that the applicant needs to be added as a respondent in the petition. He has a right to be heard before the court orders registration of FIR

#BombayHC
Adv Shrish Gupte seeks to withdraw the application in case the court is not inclined to allow the petitions. "My application will become infructuous, in that case."

Adds that he be granted liberty to approach court in case he is named as an accused.

#BombayHC #SujayVikhePatil
Court records – it is a consistent view of the apex court that a suspect cannot have a right to be heard at this stage.

#BombayHC #SujayVikhePatil
COurt - The learned Sr Adv submits that he be allowed to withdraw the application and if the petitioners had to come back to this court, the applicant (Dr Sujay) may reserve the right to hearing at that stage. This application is disposed of in above terms

#SujayVikhePatil
Hearing ends.

J Ghuge- It was a pleasure hearing all of you.

#BombayHighCourt #Aurangabad #SujayVikhePatil #Maharashtra #Remdesivir

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