Clean Chit Given To Political Party For Distributing 5K Injections But PASA Is Invoked In Case Of A Few Remdesivir Sales: Gujarat HC Raps Govt.

The Bench of Justice Paresh Upadhyay orally remarked that "Praja ne vadhare na daravo tame logo" (Don't scare the citizens).

Referring to the devastating second wave, Justice Upadhyay further remarked in Gujarati:

"We are invoking PASA against such doctors who might have offered injections to the needy...This is going out of control, increasing anarchy. Should we handle situations arising out of a second wave like this?''

The matter before the Court

The Court was hearing the plea of a Doctor Mitesh Thakkar, from Vadodara who apprehended his detention under the PASA Act on the basis of an FIR filed for alleged black marketing of Remdesivir.

To this, the Bench questioned that if the government was going to handle like this, then where will the public go?

The Court also orally observed in Gujarati:

"If you are doing this (invoking PASA) qua one or two injections then I will have to ask questions about 5000 injections. Some political party distributes 5K injections, in good faith, then you find it in accordance with law and when it comes to possessing one or two vials by a doctor, then you are invoking PASA."

Justice Upadhyay was apparently referring to the incident wherein BJP president CR Paatil and the Vijay Rupani government had procured and distributed Remdesivir, a key anti-viral drug used in COVID-19 treatment, from the party's Surat office.

The state BJP's free Remdesivir distribution drive of 5,000 vials started from its Surat office from April 10.

A BJP MLA had also told the Gujarat High Court Remdesivir vials were made available to needy patients from the party office in Surat on grounds of "compassion and humanity" to "save a number of lives" as he defended himself against charges of hoarding and illegally distributing the antiviral drug at the height of the second wave of COVID-19 in April.

It may be noted that last month, the Gujarat government had told the bench that no law was violated by the BJP's drive to distribute free Remdesivir injections.

Consequently, the court ordered that the detention order, if any, passed against the petitioner doctor shall not be executed till the next date of hearing i.e., July 30.