'Playing with lives': Bombay HC to Maha govt on laxity in regulating essential drug supply

The Bombay High Court on Wednesday came down heavily on the Maharashtra government over its laxity in regulating the supply of essential drugs like Remdesivir and remarked that the State "is playing with the lives of people"

"You're playing with the lives of people...if we find you're not serious by the next date, we will have to summon the State Chief Secretary to appear before us," said a division bench of the Bombay High Court headed by Chief Justice Dipankar Dutta.

The remarks came as the bench noted that the state has only served show-cause notices to celebrities and other personalities who are distributing essential drugs like Remdesivir. "These persons have no license, who will take the guarantee? And why were 4 days given to them? There should have been a report," it said. 

"We are not happy on this," the bench remarked as it took note of the said show-cause notice. 

As the bench made these observations, Advocate Rajesh Inamdar took the court through the show cause notices issued by the state to such persons. "See their show cause notices...It is only about Remdesivir, what about other drugs?," advocate Inamdar said. 

"It (Remdesivir) is being distributed as if they are running a pharmacy," advocate Inamdar went on to say. 

Following these observations, the court passed scathing observations against the Maharashtra government. The Central government represented by ASG Anil Singh said that it will call upon the manufacturers and ask them to explain. The bench then directed the Centre to file a compliance report in this regard by next week. 

ASG then told the court that CDSCO had requested all State Drugs Controllers (SDCs) on 10.04.2021 to conduct a special investigation drive to prevent hoarding/black marketing on Remdesivir in the country.

"Even the Prime Minister has in his address spoken regarding this," the ASG said. 

"The manufacturers are within the Centre’s control! The manufacturers have to give their statement," the bench remarked while also adding that the Delhi High Court also rejected a report yesterday. 

"This is defeating your allocation, and the State has placed for benefiting the citizens and for the need of citizens who were there," the Court told Centre.

Advocate Inamdar then submitted, "It is not against a single person but all."

"We make it clear this cannot be used as a mileage. If needy are not getting it, we are deeply pained by this...this is a sorry state of affairs," the HC said. 

Advocate Inamdar then went on to mention the congregation that took place at a Congress leader's funeral where hundreds of people had gathered. 

"Are we living in two Indias? One for the privileged and one for common ones?" he asked. 

"When my aunt died and I wanted to travel to Solapur and I applied for an e-pass the authorities say it is not important and see what happened here," the advocate went on to say. 

What do you want us to do? We can't arrest them else it would result in congestion in the prisons...we can't issue a judicial order in this regard, the court said. 

This consciousness should come from within, the bench went on to remark. 

The court was hearing the batch of matters regarding the management of the COVID-19 crisis in Mumbai and other parts of Maharashtra.