Centralise Procurement, Allocation And Distribution Of Remdesivir - Bombay High Court To State Of Maharashtra

"It will go a long way in removing the chaos," the division bench of Justices Sunil Shukre and Avinash Gharote observed. The court was informed about the various means to procure the drug and the 1,43,000 lakh vial shortfall by Remdesivir manufacturers to meet the State's demand.

The bench then directed the seven manufacturers to ensure they supply vials to the State Government before catering to individual/pharmacists demands and submitting their daily production figures to the Nodal Officer and State Commissioner of the Food and Drug Administration.

The production details would also need to be uploaded daily on the manufacturer's and FDA's website.

"We direct the Secretary of Health (State) and FDA and that these directions are scrupulously followed. The company shall be prosecuted under relevant sections of law if these directions are not followed," the bench said.

"We direct the state of Maharashtra to hold the pharma companies responsible and take coercive action against pharmaceutical companies in case of non-compliance with the Central Government's allocation." The bench further said.

The court asked the FDA to upload the weekly distribution of Remdesivir vials within the State, and provide a daily update of the vials distributed and the backlog, to ensure the steady supply of Remdesivir to Nagpur and other parts of Vidhabha.

It also asked the Nagpur Municipal Commissioner and district Collector to set up a centralised control room for coordinating resources for covid-19 management, including remdesivir, allocation of beds and oxygen supply.

The bench was hearing its suo motu PIL on covid-19 management in Nagpur and Vidarbha regions of Maharashtra. On Sunday, it had convened to ensure its April 30 order directing 15,000 vials for Nagpur city, 3,000 vials for Akola and 2,000 vials for Bhandara was complied.

During the hearing, the bench was informed that Nagpur has received 19,128 vials of Remdesivir from manufacturers, and the city will receive remaining 960 vials, by evening. The court then ordered the vials already supplied to Nagpur to be distributed immediately to Nagpur Akola and Bandara.

The bench took judicial note of the shortfall in vials distributed to different districts of Maharashtra every day, based on the FDA commissioner's allocation order dated April 30.

The FDA Commissioner of Maharashtra, who was present virtually, said that the State made every effort for the pharmaceutical companies to comply with the State's purchased order based on allocation. However, somehow, there was a shortfall of 1,43,034 vials as of May 1. He added that the Disaster Management Department had issued an expression of interest for 10 lakh vials, and they have 20,500 vials.

On Centralisation of Remdesivir for equitable distribution in Maharashtra

"It appears to us that this is yet another source of procurement of vials," the bench observed adding, that it had already expressed the need for Centralising issues related to Remdesivir.

"The time has come for centralising procurement, allocation and distribution of Remdesivir. We direct Chief Secretary Maharashtra to Centralise the whole system. This will go a long way in removing the prevailing chaos.

No pharmaceutical company which is duty-bound to provide vials to State of Maharashtra as per the Centre's allocation shall supply Remdesivir vials to private purchasers till such demand, is met.

We direct the Secretary of Health (State) and FDA and that these directions are scrupulously followed. The company shall be prosecuted under relevant sections of law if these directions are not followed.

And for this purpose, it will also be necessary the 7 pharma companies to submit their daily production figures to the Nodal officer and Commissioner of FDA and also upload it on their websites.

The court directed the Commissioner FDA to the order copy to the pharmaceutical companies.

If also directed, Health Secretary to issue fresh district-wise allocation order of Remdesivir vials based on the order of the Central Government dated May 1. This shall be issued within 24 hours from today. "This system could be in operation till procurement and distribution of Remdesivir is Centralised by Maharashtra."

The court said that drug companies have a daily dispatch schedule which they should be honour so that the flow of supply of Remdesivir doesn't break. This is necessary to avoid confusion and backlog.

The intervenors were represented by advocate Tushar Mandlekar, and advocate Vaibhav Bhure from Bandara, and the Amicus curiae was Advocate SP Bhandarkar.

The case will now be heard on May 5.