Defunct ventilators...

The ministr y further stated that it had considered the explanation of the Gujarat-based M/s Jyoti CNC firm which had manufactured the ventilators, which was that the machines were working satisfactorily. “By accepting the explanation of the private firm, are you tr ying to justify or support the company, or are you going to be alive to the fact that these ventilators are life threatening,” an irked Justice Ghuge asked. “We are sorry to say but it appears you are not concerned with lives of patients but with the company,” the judge remarked. To this, Additional Solicitor General Ajay Talhar for the Union health ministr y, said it was concerned about the people. “But the tenor of your affidavit states that you aren’t concerned about the lives? It indicates that you are supporting the company. You should have said that we will look into the issue but there is no whisper about it. This is shocking,” Justice Ghuge said. ASG Talhar stated that there was a requirement that the staff at all hospitals be properly trained. He further said that the Union’s committee had also inspected the ventilators and found them to be working satisfactorily. The bench then sought to know the details of the inspections -which hospitals were visited and machines inspected. However, ASG Talhar didn’t have any answers and sought time to respond.

“Mr ASG, there is a huge gap between what you state in affidavit and what you are submitting now. Your contention that you are concerned with the lives of people is without conviction,” Justice Ghuge said. The bench then said that the major part of the Union’s affidavit was focused on the company’s explanation. “What will you say when 113 ventilators are defective? All opened and found defective. Not a single one is put to use,” the judges noted. The bench noted that the Union had claimed that the staff operating the machines wasn’t well-trained. “What a fantastic argument this is. You mean to say that you have given these machines to people who have no idea on how to use it,” Justice Ghuge said, adding, “Don’t you think it is the duty of the manufacturer to send a team or officials to train the hospital staff?” Meanwhile, the state government counsel told the judges that eight senior doctors across Maharashtra had prepared a report on the defective ventilators and have concluded that the machines were ‘unsafe for patients’. At this, ASG Talhar told the bench that the ministry would file a ‘positive’ affidavit on the next date. Interrupting his submission, Justice Ghuge said, “What positive affidavit will you file when your attitude itself is negative.” The bench has now ordered the Union health ministry to file a affidavit spelling out what remedial measures it would take in the issue.