Probe How Celebrities, Politicians Got COVID Drugs : Bombay High Court Tells State

The bench said that while manufacturers seem to have told the Union of India that they have provided Remdesivir only to the Government, Sonu Sood foundation's response to the Drug Inspector's notice indicated they had contacted manufacturers, and they provided certain drugs.

"There seems to be a problem. The Sood Foundation says we requested, Jubilant, Cipla, Hereto, to help us to provide, indicating that these companies provided. But your (Central Government's) information says these companies never provided and it was supplied only to the Government Agencies," Justices AA Sayed and GS Kulkarni hearing a clutch of Covid-19 PILs said.

Additional Solicitor General Anil Singh for UOI said that it seems the manufacturers may not have done it, but it's done through sub-contractors, but the State would need to make inquiries.

The court then orally asked the State to proceed with the inquiry, adding that their main concern was the issue of spurious drugs and inequitable distribution.

When advocate Rajesh Inamdar pointed out that individuals have also started distributing the scarcely available mucormycosis medication, the bench said,

"They (Celebrities & policiticans) are not before us. We can't make observations and pass orders. But it is for the State Government to caution them and take an undertaking that they will not indulge in this. They have ample powers available; let them take action."

"They may be doing it bonafide or in the interest of all patients. But it can't be in defiance of the protocols.," the bench added.

At the beginning of the hearing, the Advocate General Ashutosh Kumbhakoni for the State pointed out that the Drug Inspector issued notices to Sonu Sood foundation and NCP MLA Zeeshan Siqqique, in compliance with the court's orders.

He said that as per their responses, the celebrities have neither purchased nor stored Remdesivir and only facilitated. In some cases, by paying the cost of medicines, in some cases only enabling.

"Paying the cost to who? Is it possible to accept this reply? Can your authorities accept such reply?" the court asked.

Kumbhakoni said that the State is in the process of assessing the correctness of the statements. He added that they would confront those involved if the manufacturers said they hadn't supplied the Remdesivir vials.

Later, once the ASG said the Union had already received responses from manufacturers, Kumbhakoni submitted that the State's officers would act accordingly.

Bollywood Actor Sonu Sood through his foundation has said they never purchased or distributed antiviral drugs Remdesivir or Tociluzubam and merely "assisted" in getting the drug through hospitals/pharmacies and companies.

The "Sonu Sood Foundation" says that they have a mechanism to check if the person making the social media request is "really needy", and they support the person by contacting politicians, other hospitals in the area and manufacturers to provide medicines through the hospital's pharmacy.

"We have provided assistance through the hospital/pharmacies/ companies to send/ give/ issue Remdesivir/ Tocilizubam injections to various patients across different parts of India. Indore, Mumbai and Punjab. We don't hold any drug licence under the D&C Act 1940 and have never purchased/stocked/distributed/sale any medicine," their response says.

The State had annexed Sood's response in their affidavit to the HC. During the previous hearing, the bench pulled up the State and Centre for failing to explain how drugs, which are in short supply in the State, are readily available for distribution to film personalities and politicians.

The State in the affidavit says its investigation into the matter is in progress in its affidavit, and a complete report will be submitted once the same is completed.

The Drug Inspector points out that, pursuant to Sood's reply, he has sent letters dated May 21, to Jubilant Generic Limited, Solan, and HP, asking them to submit details about Remdesivir and Tocilizubam supplied to Sai Medico, Oscar hospital, Mumbai and Indore unique super speciality hospital, as per requests made via mail by Sood's foundation.

MLA Zeeshan Siddiqui's response - FDA official told me can't give small hospitals

PIL petitioner Nilesh Navlakha, though Advocate Rajesh Inamdar, cited Sood and NCP MLA Zeeshan Siddique's social media posts to show how a drug was out of reach the common-man was being distributed within hours following social media requests.

In the affidavit, the State says that the Drug Inspector has sent a notice to Siddique under section 18A and section 22(1)(cca) of the Drugs and Cosmetics Act 1940 & Rules, along with Sood's notice, seeking documents for inspection, regarding the distribution of Remdesivir.

Siddique states that he has only assisted people in getting vials of Remdesivir by directing them to charitable organisations/ hospitals/ pharmacists and health care centres who may provide the vials on an urgent basis.

Siddique said that following the requests of citizens on social media, he approached the District Collector and officials of FDA. The latter told him they are not in a position to provide Remdesivir to small hospitals and individual patients and can only provide the drug to big hospitals and government establishments as it was in short supply.

Siddique said that the Charitable organisation BDR Foundation provided the vials only as an emergency. "I never personally possessed nor stocked any Remdesivir Injections. As such, no further explanation is required from my side."

In its affidavit, the State has said that according to BDR's response, they are manufacturers of Remdesivir drug for Cipla. They requested Cipla and Sun Pharma to give some vials and helped the needy patients sent by Siddiqui. Responses have now been sought from the two pharma companies.

The case will be taken up tomorrow.

[Sneha Nirav Marjadi vs State of Maha and others]