Direct FIR Against BJP MP Sujay Patil For Unauthorized Procurement And Distribution Of Remdesivir – Plea In Bombay High Court

The plea seeks directions for registration of an FIR against Patil and others under the Drugs and Cosmetics Act and IPC, alleging that political figures are encashing the pandemic situation for their vote bank at the risk of lives of many patients.

To impress the voters and to create chaos, the politicians like Dr. Sujay Vikhe are indulging in such tactics in procuring and stocking the injections. One even doesn't know whether the said injections were distributed to needy people or whether the said injections are genuine or not, the plea states.

It cites two Twitter videos where Patil is seen sitting inside an aircraft with boxes, allegedly containing Remdesivir, besides him, claiming that he has procured the vials from confidential sources for the poor, adding, 100 Remdesivir vials were given to Sai Baba Hospital and Ahmednagar district hospital. The plea alleges that several vials were distributed in Patil's private hospital in Pravara.

The petition states that if action is not taken against the practice of politicians distributing Remdesivir injections to the public without authority or license in this pandemic situation, it would become a routine practice among most of the politicians and the same would cause stocking of the injections by depriving the needy.

A division bench of Justices Ravindra Ghuge and BU Debadwar briefly heard advocate Pradnya Talekar of Talekar and Associates on Monday and kept the matter for hearing on April 29, after the Chief Public Prosecutor submitted that the case was regarding an MP and he would require time to take instructions.

Talekar then urged the court for directions to confiscate the vials, to which the bench said that the respondent can take necessary steps in thins regard.

The respondents would be at liberty to take effective steps as they would be normally taken in the event of any such incident.

The respondents to the petition include, the State of Maharashtra through the Principal Secretary, the Director General of Police, Superintendent of Police and the Collector, Ahmednagar District.

The petition, filed by Arun Punjaji Kadu (70), Eknath Chandrabhan Ghogre (64), Balasaheb Kerunath Vikhe (62) and Dadasaheb Kushabapu Pawar, all residents Rahuri Taluka in Ahmednagar, claims that the vials purchased without any authority or licence may have been purchased from the black market.

It is highly likely that spurious injections are being pumped in the market owing to the dire urgency.

The Drug Controller General, Central Drugs Standard Control Organisation (CDSCO), New Delhi had informed all Drug Controllers of the State and Union Territories to monitor availability of Remdesivir and enforcement activities to stop hoarding, the petition states, adding, in Maharashtra the injection is to be distributed through the District Collectors to hospitals by procuring them from manufacturing companies.

The plea states that local authorities didn't even make an attempt to verify how many injections were procured by Dr. Vikhe Patil from his so-called confidential sources.

The Police machinery as well as the Drug authorities of the District failed to seek any information as to how many vials of Remdesivir injections were procured by Dr. Sujay Vikhe Patil, how he has utilised the same, to whom it was distributed, what was the prices charged, from who it was purchased, whether the said injections are stocked or used.

Member of Parliament has no authority to purchase and distribute any medical equipment or medicines under any law.

The petition further claims that the police failed to understand that the Member of Parliament has no authority to purchase and distribute any medical equipment or medicines under any law.

Though Dr. Sujay Vikhe Patil is a non-practising medical professional, however, he cannot step into the shoes of the chemist or pharmacist in procuring the medicines that too without permission of the competent authorities.

[Arun Punjaji Kadu & oths vs The State of Maharashtra and oths]