HC fumes at Centre & State for inaction against celebs distributing Remdesivir

Justice Girish Kulkarni noted the show cause notices issued by the state were ‘casual’

The Bombay High Court bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni, on Wednesday, pulled up the union government for shirking its responsibility and ordered it to call for a detailed sales report from all the seven manufacturing companies that make Remdesivir, so as to see how certain celebrities and politicians are availing the stock of the essential drug. The bench also slammed the Maharashtra government for only issuing show cause notices to a popular actor and a politician, asking them their stand on where they received the supplies of Remdesivir.

"We had asked you (state) to look into this matter on May 13 and today is May 19. All you did was issue a show cause notice. In fact, by this time, you should have recorded their statements," Justice Kulkarni told state counsel Akshay Shinde. The bench noted that these celebrities do not have any license to supply the drug. At present, it can only be purchased by state authorities alone. "Who is going to take the responsibility that these celebrities are having the proper drug? Why only show cause notice? We aren't impressed by this," the judges said.

During the hearing, advocate Rajesh Inamdar told the bench that the notices issued are in the most casual manner. "These celebrities are distributing Remdesivir as if they are pharmacists. Not only Remdesivir, they are also distributing drugs used to treat Black Fungus, an after effect of COVID-19," Inamdar submitted.

Having perused the notices in question, which were issued on May 14 and granted four days’ time to the celebrities to respond, Justice Kulkarni said these are ‘one of the most casual show cause notices’. Chief Justice Datta, said, "Mr Shinde, if on the next hearing, we find you aren't serious in complying with our orders, we will be compelled to call the chief secretary. This is a really serious issue."

The bench then turned to additional solicitor general Anil Singh and asked him the stand of the union government on this issue. But found that the ASG hasn't filed any affidavit in the matter and has left it on the state to respond. "Why has the union government shirked its responsibility, saying the distribution of Remdesivir is done by states," the chief justice questioned.

Justice Kulkarni added that the court is concerned of whose responsibility it is to distribute the vials and that the same shouldn't be sold to any private person. The ASG made an attempt to convince the bench and said that the prime minister, himself, has urged states to ensure there is no black-marketing of this drug. "We are very serious about this issue," he said.

At this, the chief justice replied, "If you (union) are so serious, the only thing you could have done is seek a sales report from the manufacturers. We will get to know from where these people are obtaining the drug. Hope you are aware that the manufacturers are very much in your control."