Aurangabad Bench suo motu cognizance of covid crisis in Maharashtra

Sakshi Chhabra.

After Nagpur and Bombay, Aurangabad Bench on April 22 took Suo motu cognizance of specific issues related to COVID-10 pandemic affecting Marathwada region of the State. The principal Bench at Bombay and the Bench at Nagpur are already hearing cases related to the covid management.

The Aurangabad Bench initiated the suo motu litigation based on the Marathi local newspapers. The issues highlighted were as follows.

Survivors of Covid-19 deceased patients have to run from pillar to post to collect various certificates for performing the last rites.

1.A grim situation has occurred due to disruption in oxygen supply and the relatives of the corona positive patients are advised by private hospitals to search for hospitals having proper oxygen supply and shift the patients to such hospitals.

2.Black marketing of Remdesivir injections. They are being sold at exorbitant rates, quoting up to Rs.22,000 per vial.

3.Some pharma stockists in Nagpur have unauthorizedly sold Remdesivir injections from Dhaka in Bangladesh.

4.Former MLA of a national political party has sold Remdesivir injections to a long queue of purchasers without license/unauthorizedly.

5.The State of Maharashtra requires 500 tons of oxygen, though 1250 tons of oxygen produced in the State is being used in hospitals. Several relatives of Covid-19 patients are moving on the streets, searching for oxygen.

The issues include cumbersome documentation process for conducting a Covid-19 deceased’s last rites, rampant black marketing of anti-viral drug, Remdesivir and problems related to oxygen supply in the region.

Advocate S.S. Bora, appointed as amicus curiae, has been asked to apprise the court on April 26, which is when the PIL is slated for hearing, on whether all matters related to Covid management are transferred to the apex court or not.

Since we are apprised of the fact that the Honorable Supreme Court has placed matters pertaining to supply of oxygen and Remdesivir injections for hearing on Friday, 23.04.2021, we expect the learned Amicus Curiae to keep track of the said proceedings and in the event all matters are transferred for common hearing before the Honorable Supreme Court, he may point this out to us on 26.04.2021.

The Bench of Justice Ravindra V Ghuge and BU Debadwar appointed Advocate Satyajeet S Bora as the amicus curiae in the case. Bora assure the Court that he would prepare a criminal public interest litigation and tender it to the Court on April 26, 2021.

Chief Public Prosecutor DR Kale submitted to the Court that the Central government decided on the quota for distribution for oxygen and Remdesivir injections to various States based on their population and the needs raised by each State.

The Supreme Court had on Friday adjourned the hearing of the suo motu case initiated by it while clarifying that their order taking cognizance did not mean they were transferring of cases from High Courts to itself. Meanwhile the other benches of the Bombay High Court are also hearing pleas concerning COVID-19 issues.

The matter will be heard next on April 26, 2021.

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