Bombay HC allows Bharat Biotech associate Biovet to use Pune unit to manufacture COVAXIN

Amidst the reports of COVID-19 vaccine shortage, the Bombay High Court on Tuesday permitted an associate of Bharat Biotech to manufacture COVAXIN and other life-saving vaccines to use an idle manufacturing unit in Maharashtra's Pune district. Striking down the Forest Department's decision restricting Bharat Biotech's associate, Biovet Pvt Ltd, the High Court ruled in favour of the petitioners challenging the state government department's order. The division bench of Justices KK Tated and NR Borkar allowed Biovet's plea to use the idle manufacturing unit after they undertook not to claim equities in their favour and use the facility only to produce 'COVAXIN'. 

Following the undertaking by Biovet, the State of Maharashtra, represented by Advocate General Ashutosh Kumbhakone assured the court that the state administration would cooperate with the order and decide Biovit's applications seeking necessary permissions without wasting any time in view of the present COVID-19 situation in the state. 

"Considering the present position of COVID-19 and as the Applicants (Biovet Pvt Ltd) are ready and willing to start manufacturing activities without prejudice to the rights and contentions of both the parties in writ petition proceeding and considering the undertaking given by the Applicants by their affidavit-cum-undertaking dated April 30, 2021, and as the Learned Advocate General has no objection to allow the present interim application, we are satisfied that the Applicant have made out a case for allowing this Interim Application," the bench of Justices KK Tated and NR Borkar observed. 

The manufacturing unit in question was in the possession of Intervet India Pvt Ltd after the land was granted to it in 1973 to manufacture a vaccine for Foot and Mouth Disease. The land was purchased by Biovet later on as Intervet shut business operations across India. However, the Forest Department refused Biovet to start manufacturing vaccines claiming that the initial 1973 grant was itself bad in law. Following the refusal to permit, the Bharat Biotech subsidiary then approached the High Court challenging the order. Pertinently, the High Court while allowing Biovet to begin manufacturing, has granted the state the liberty to move the court for 'modification of the order' depending on the COVID-19 situation in future. 

The Bombay HC order comes at a time when several states have been complaining of a shortage of COVID-19 vaccines, In fact, Maharashtra Health Minister Rajesh Tope on Tuesday alleged that the Union government was not fulfilling its responsibility to provide an adequate number of vaccine doses to states. Depending on approval for all COVID-19 vaccines available in the market, the Maharashtra Health Minister said that the state will require two crore vaccine doses every month so that it can inoculate the entire population in six months. However, he added that there is 'no supplier' who can make so many vials. 

Bombay HC raps PMC

Notably, the Bombay High Court in a separate hearing on Wednesday slammed the Pune Municipal Corporation over beds availability in hospitals in the district. The Court said that only creating a dashboard is not enough but beds should also be available. The Bombay HC has been conducting marathon hearings on PILs filed over the prevailing COVID-19 situation in Maharashtra and the issue of hoarding & black marketing of life-saving drugs. On Monday, May 10, Maharashtra recorded 37,236 novel coronavirus cases taking the State's COVID-19 tally to 51,38,973. The state had reported 39,544 coronavirus cases on March 31. Maharashtra had logged 48,401 new infections on May 9, which dipped further on May 10 to 37,236 cases. With 549 deaths being reported in the past 24 hours, the state’s COVID-19 death toll now stands at 76,398.

Earlier in April, the Union Government had granted permission to Mumbai's  Haffkin Institute to manufacture Bharat Biotech's anti-coronavirus vaccine Covaxin. The approval came after Maharashtra CM Uddhav Thakeray urged that the Mumbai-based Haffkin Institute be allowed to produce the Covid-19 vaccines. PM Modi had responded saying all institutes in various states which can produce the vaccines will be encouraged. Significantly, Maharashtra has administered the most number of COVID-19 jabs ( 1,86,48,538  ) as compared to all other states.