Thread by @barandbench

#BombayHighCourt is hearing plea alleging improper management of #COVID19 medical treatment in #Maharashtra.

Hearing before Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni.

#COVIDEmergency2021 #maharashtralockdown #BreakTheChain

@CMOMaharashtra

Adv General Ashutosh Kumbhakoni appears for State, ASG Anil Singh appears for Centre, Sr Adv Anil Sakhare appears for BMC.

Advocates Simil Purohit, Arshil Shah, Rajesh Inamdar, Ajinkya Udane appear for petitioners.

@ArshilAjay

@rajinamdar22

AG is making submissions on the provisions made by State for beds and oxygen.

#COVIDEmergency2021 #maharashtralockdown #BreakTheChain

AG submits that they are increasing the centres for more number of beds.

He submits a chart which shows allocation of oxygen and COVID drugs.

AG submits that they are not getting adequate supply of Remdesivir supply from Centre.

There is requirement of 51000 vials and they are getting only 35000 vials. State is asking for Centre daily.

AG: Applying thumb rule of 10% active cases needing Remdesivir. We do not want tussle with the Centre, but then just wanted to bring to your notice.

Court: How is the allocation more in Pune than others?

AG: Because there are more active cases.

AG: There have always been more cases in Pune than in Mumbai.

Court: How many complaints have you received from Nodal officers for Remdesivir?

AG: I will find out.

Court: Position in Bombay should be reviewed. If Bombay is regarded as a model for SC for the country, the other municipal corporations should also regard them as model.

AG: Agreed. I will find out.

He further submits on oxygen.

AG: Delhi government had pointed out that Maharashtra gets more oxygen than them…But we produce 1200 MT of Oxygen. We only import 600MT.
Other states unfortunately do not have that kind of capacity.

Court: You said we need 2000MT

Court: What are you doing to increase the production? With 1800 to 2000?
We do not want a single death in Maharashtra due to want of oxygen.

Court: We also read a newspaper report that a private hospital in Sangli had opened a private plant for oxygen. It is high time every private hospital comes up with their oxygen plants.

(To AG) Do you have data on how much oxygen is being produced in the private hospital plant?

Regarding fire NOCs AG submits certain amendments in the Nursing homes act.

If you want to have 50 bed capacity hospital, they need to have active oxygen generation plant.

Court: Tell us what are equipments, and space required, and cost. We will include in the order.

AG submits on ICMR testing.

AG: A person who is tested positive (RT PCR or Antigen) need not be tested again.

A person who is recovered need not be tested again.

Court (on Pune situation to Pune Municipal Corporation lawyer): Why doesn’t your commissioner speak to BMC commissioner for guidelines?
Your active cases are double of Mumbai.
Your infrastructure may not be as good as Mumbai, but then something has to be done ...

PMC lawyer submits that throughout they were told throughout the state there was shortage of oxygen, etc.

Court: Pune numbers are alarming. Pune, Pimpri Chinchwad, Thane, they should all have a common pattern taking inspiration from a successful model…

Kulkarni (PMC lawyer): Mumbai had better infrastructure.. In April there was shortage of Remdesivir and oxygen.

Court: But figures show that you were allowed the maximum of supplies..

Court directs that considering the alarming situation in Pune, the local authority ought to consider a complete lockdown. The court also added that if any action is not taken to that effect, then they may consider passing directions for Pune.

Post lunch break, the Court was hearing submissions made by ASG Anil Singh for the Centre.

Purohit appearing for petitioner Sneha Marjadi makes submissions on the supply of Remdesivir.

We had a demand for 8 lakh vials and we received 4 lakh vials. There is still a short fall of 4 lakh vials.

Purohit: We are told that supply is centralised.

Court: The supply to private hospitals is more than government hospitals. This is what the ASG told us.

Purohit: I am not submitting from an adversarial litigation point of view.

Court: The state has admitted there is deficiency in Remdesivir.

Purohit: Everyone is trying hard, but resources are limited and therefore there is scramble.

Court asks the AG was the system for distributing the oxygen in a district-wise manner received by the state.

Purohit: I will submit on immediate requirement of Remdesivir and oxygen. Fortunately oxygen situation is better managed in comparison to other states.
But what the State needs to show is what are they doing to increase the production.

Purohit: The state is saying that each district will have an oxygen plant, but when is it going to happen?
The execution.

When the concentrator came from France, it was set up in 24 hours. But then it might 15-20 days for most places.

Purohit: So they have to be prepared for a third wave..

Court: unless someone is approaching us by telling or showing that there is a shortage in these resources and this is the mechanism to tackle it, we do not want to get into such general arguments.

Court: Let us focus on critical issues.

Purohit makes his submissions on the bed management. He is showing the website of Nandurbar district collector which has a systematic division of beds available in each taluka of the district, updated every 2 hours.

Purohit then shows the BMC dash board which is updated every 24 hours. He submits that their website is not useful considering the citizens cannot find out real time information on availability of beds.

@mybmc

Inamdar submits that Pune, Solapur also have dashboard, but Nandurbar is the most updated and systematic website.

@rajinamdar22

Court (to AG): Can other districts not replicate the dashboard of Nandurbar? It seems to be effective and has real time updates.

Purohit: So if a bed is available in BMC, that will be available on the website only the next day.

Purohit: If a small place like Nandurbar can have this, why cannot a rich organisation like BMC have this dashboard?

@mybmc

Purohit: Lockdown is not a solution for COVID, it is only suppression of COVID.

Inamdar: either the government should liberalise testing or let more private laboratories take over.

@rajinamdar22

Court: But the state affidavit clarifies that these swabs are all bio-hazardous material and hence the state has to take caution before granting permission. But they do not have any pending applications.

Purohit: Then the state should increase testing.

Court: If you read ICMR fresh guideline, they are going back to Rapid Antigen Test.

Inamdar submits from his application, that apart from Remdesivir there is shortage of another COVID medicine which relatives have to get from outside, as they do not get in the country. Fabi Flu is also not in proper supply.

Inamdar: there are WhatsApp groups created to help each other. This is recent.

ASG Anil Singh submits that in the affidavit before the Supreme Court the Union mentioned that there are other effective drugs and those are being promoted.

Inamdar submits that the drugs that are being prescribed are all very expensive.

Court asks AG to address on the issue that if a cheaper, equally effective drug is available then why is that not being opted for?

Court: Why do we prefer foreign medicines when there are Indian medicines available. Like the Sanjeevani helped Laxman… And you don’t even need Hanuman!
Use trial and error method to find out what helps as COVID drug.

Court: There is discussion in the Supreme Court order on the medicines that are effective. Why is there no advisory to this effect?
If there is any entity which is making profit, the Centre and the State need to put their foot down!

#COVIDSecondWave #BreakTheChain #Maharashtra

Court: India is not a country where these multinational companies can make profit!

#COVIDSecondWave #BreakTheChain #Maharashtra

Court: The issue of medicine even we faced when one of our brother judges’ family member required it.
It is quite surprising because India is otherwise the most liberal country when it comes to procuring prescribed drugs.
In US and all it is difficult, over here it is very easy

Due to paucity of time, the court ends hearing today.

All COVID related cases to be taken up on May 12, 2021.