HC LAMBASTS CENTRE FOR SHORTAGE OF REMDESIVIR

Court directs State to keep adequate stock of Remdesivir, Tocilizumab and oxygen

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When the number of active cases are on a decline, then “why does Maharashtra need 70,000 vials on a daily basis? - CHIEF JUSTICE DIPANKAR DATTA

The Bombay High Court bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni on Wednesday slammed the union government for failing to ensure sufficient stock of Remdesivir. The court also asked the Maharashtra government why it needs more Remdesivir vials despite a decline in active cases. The bench was dealing with a clutch of petitions highlighting the crisis arising out of the COVID-19 pandemic. It also sought directives to state authorities to ensure there is sufficient supply and stock of essentials like Remdesivir, Tocilizumab and oxygen.

Advocate Akshay Shinde, appearing for the state, told the HC that, as on date, Maharashtra needs 70,000 vials of Remdesivir on a daily basis. "But we are only getting 45,000 vials," Shinde said. The bench then took into account the note submitted by additional solicitor general Anil Singh for the union government. "We have gone through your note as well. Why did we lower our guard? You (union government) should have procured this drug in advance and in sufficient quantity," CJ Datta told ASG.

Advocate Rajesh Inamdar, for a petitioner, highlighted that till April 16, the central government continued to export Remdesivir and; thus, the shortage. "We should have been prepared with sufficient stock. We should have had this drug in abundance, especially when the ministry of Health and Family Welfare had mentioned Remdesivir as an investigational drug in 2020. Also, your own Clinical Management Protocol issued to all states in July last year mentions Remdesivir," Justice Kulkarni pointed out.

The bench noted that the state has received 2 lakh more vials of Remdesivir. “Last time we were told that the total demand of this drug for Maharashtra was 50,000 vials daily and you were getting 35,000. Today, after a week, we are told the demand has gone up to 70,000, while supply is 45,000 vials per day," CJ noted.

"But how is it possible? When the number of active cases are on a decline, then why does Maharashtra need 70,000 vials on a daily basis now?" the chief justice questioned. Shinde had no response.

The bench sought to know from ASG Singh as to why hasn't the union government granted permission to the state to import Remdesivir from neighbouring nations.