'We Are Feeling Ashamed Of Ourselves' : Bombay High Court Pulls Up State Govt For Non-compliance Of Its Order To supply Remdesivir

The Nagpur Bench of the Bombay High Court on Wednesday pulled up the State Government for not complying with its earlier order directing the supply of 10,000 vials of Remdesivir, an anti-viral drug, to Hospitals treating Covid-19 patients in the city.

Stating that the affidavits filed by the Additional Collector and Joint Commissioner, Food and Drug Administration (FDA), Nagpur were bald attempts to shirk responsibility, a division bench of Justices Sunil Shukre and SM Modak asked the Nagpur District's Covid-19 Committee to hold an emergency meeting and come back with a positive response, by 8pm.

"If you don't feel ashamed of yourself, we are feeling ashamed of ourselves for being part of such a nasty society. We are not able to do anything for the helpless patients of Maharashtra. You don't have any solution, what nonsense is this?," the Bench sternly told Joint Commissioner of FDA who claimed that the State had no role to play in the procurement of Remdesivir for private hospital.

The Bench was hearing a suo motu PIL on Oxygen Shortage, non-availability of Remdesivir and Tocilizumab injections, and hospital beds in Nagpur district.

Justifying the inability to supply all the 10k vials, Shirish Prabhakar Pande, Additional Collector, Nagpur, said that when an inquiry was made at the State level, it was found that "these number of vials were not available for distribution at Nagpur."

Why does this even mean? Justice Shukre asked, livid at the apathy.

In another affidavit, Vijay Kose, Joint Commissioner FDA, Nagpur, said the order to distribute the 10,000 vials was communicated to the Head office in Mumbai, but it is informed that since it isn't the procurement agency, it is not in a position to comply with the order.

Directions to the Covid 19 Committee

The bench then ordered the committee to make all efforts to procure Remdesivir vials today itself in sufficient quantity and should also augment the supply of Oxygen to Covid hospitals.

The Court said the Committee should have a meeting with the managers of the Nagpur depots of the seven manufacturing companies, clearing and forwarding agents of these companies, and also with the stockists and distributors of these companies.

The committee will have to assess the stock position at each level – the depot, with C & F agents and stockists, the bench noted.

There have been complaints about managers of these depots indulging in malpractices, C & F agents, and stockists. Recently there was a news article regarding one such malpractice allegedly attributed to a Gujarat-based manufacturing company. It has been reported that the director of this company was planning to export 60000 vials outside the country despite a ban on export. These 60,000 vials have been seized by Mumbai police and further probe is on by the Mumbai police.

This instance would only indicate the possibility of indulgence in malpractices by some unscrupulous dealers, suppliers, and manufacturers. Although, we are not saying that this must be happening in Nagpur as well. But it is always advisable that the authorities take precautions and carry out periodical checks, surprise raids and inspections.

With these observations, we would wait for a positive response from the committee. Adjourned to 8pm today.

Shortage of Remdesivir

During the hearing the bench was informed by Advocate Tushar Mandlekar, appearing for intervenor Dr. Shishir Kolhe, that more than 100 patients are dying in Nagpur, despite which the earlier order to supply 10,000 vials has not complied with.

When the same was inquired from the State, Senior Advocate MG Bhangde submitted that the order could not be complied with as the State does not exercise control over the manufacture and procurement of the drug. And there was a shortage from the manufacturer's side.

"There are in all 7 companies as a whole who manufacture Remdesivir injections in the country. And these companies are based outside the State. There is no State-level committee for the allocation of Remdesivir.

Bhangde, reading from the Joint Commissioner FDA's affidavit said that for private hospitals, the seven companies manufacturing the drug have their depot at Wada and the companies decide how many vials to send to the State. The State has no role to play in it, he said.

He submitted that based on the April 5 State notification, the Wada depot manager informs the FDA, Nagpur, about the arrival of the injection who in turn informs the Collector.

So far as Government hospitals are concerned, the monthly requirement of Remdesivir of each hospital a district is submitted to the Civil Surgeon in IGMC, Nagpur. And then an order is placed with the Haffkine Institute. It is the agency appointed by the State for procurement. The drug is then procured through tenders, and the process of inviting tenders is ongoing, counsel for the State submitted.

So whose responsibility is it? Doesn't the FDA have control over this? Your affidavits are showing you are shirking responsibility You are not complying with the court's order," the Bench noted.

Uneven distribution of medical resources

The Bench also expressed dissatisfaction at the uneven distribution of medicines and other essentials of Covid treatment among different districts.

Earlier during the hearing, it was pointed out to the Bench that on April 16, the Thane Collector was provided 5328 vials of Remdesivir against 2664 Covid beds in the district, while merely 3326 vials were provided by Nagpur's Collector on the same day despite 8250 Covid- 19 beds.

Today, the Bench rapped the State for not replying on the issue of unfair distribution in its affidavit.

"Is it not his job to find out a state-level solution? The affidavit does not reply about unfair distribution on 16/4 where Thane collector got more vials than those required, the Bench observed.

Click here to read/download the order