Bombay High Court Initiates Suo Moto PIL Over Alleged Illegalities In Tender Process For Ambulance Fleet

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor converted a PIL filed by an NCP (Sharad Pawar) worker challenging the tender to a suo moto PIL and decided to proceed without the petitioner's involvement.

“Having regard to the overall facts and circumstances of the case, we are of the opinion that cognizance of the issues raised in the PIL petition should be taken but not at the instance of the petitioner”, the court stated.

Petitioner Vikas Lawande's PIL alleged irregularities in the state's tendering process for the supply and operation of 1,756 emergency medical fleet and life support ambulances.

Senior Advocate Zal Andhyarujina for Lawande highlighted that the cost of the project had escalated significantly over the years, from approximately Rs. 240 crore in 2014 to over Rs. 1110 crore by March 2024.

The PIL alleged that the previous contract awarded to BVG India for operating MEMS with a fleet of 937 ambulances was extended without reasonable justification. Further, it asserted that the subsequent contract related to 1,756 ambulances was unlawfully awarded to a consortium, which included the same company.

During the proceedings, the bench interacted directly with Lawande who claimed to be a farmer and a political worker associated with NCP.

Advocate General Dr. Birendra Saraf quested his credentials and cast doubts on his motives, contending that the PIL was politically motivated.

The court acknowledged the need to address the issues raised in the PIL, and decide to end Lawande's involvement in the matter. Consequently, the court directed the removal of Lawande from the array of parties in the PIL and recast the cause title as "In Re: Contract for Emergency Medical Services."

The court appointed senior advocate Venkatesh Dhond as amicus curiae to assist the court in the matter. It directed the office to provide Dhond with a complete copy of the PIL petition within a week. The court issued notice to the state government and BVG India Ltd., and kept the matter on June 26, 2024. The court directed the respondents to file affidavits-in-reply within four weeks.

Case Title – In Re: Contract for Emergency Medical Services