Delhi High Court Directs Centre To Respond On Fixing MRP Of Covid-19 Equipments To Fight Black Marketing

The court also directed him to circulate the same for it to be taken up by the Delhi government counsels with various state Standing Counsels and Directors of Prosecution to sensitise the Public Prosecutors in district courts.

The bench further sought the status on the implementation of this direction to be placed before the Court on Monday.

Sagar had also made submissions regarding hoarding and black marketing and what was happening in other courts and prayed for a specific mention to be made in the order to have a list of people who have been booked on these matters, responding to which, the bench had said, "We've already asked for the list. We'll look into that aspect and issue notice."

Amicus Sr. Adv. Rao agreed with Adv. Mr Sagar and said that there was enough scope with oxygen concentrators and that the court may have to lay down some principles as far as contempt jurisdiction is concerned. Further, Rao also suggested the regulation and fixing of MRPs of oxygen concentrators and other equipment necessary for treatment and management of Covid-19.

The court allowed the Additional Standing Counsel for the Centre, Adv. Amit Mahajan time till tomorrow to report instructions on the issue.

The bench said, "As early as June 29, 2020, the process of fixing of prices of imported and domestically manufactured oxygen concentrators was initiated, but it was left incomplete. It's high time that MRPs of not only oxygen concentrators but other equipmenta required for Covid-19 should be fixed, so malpractices are stopped."

On converting IHBAS to Covid-19 facility

Noting that the matter was already pending consideration before a Single Judge bench and is pending for May 13, after hearing the matter at length the bench disposed of the application.

Referring to a letter by the Institute of Human Behaviour and Allied Sciences (IHBAS) itself requesting to be converted to a covid facility, Adv. Sanjay Ghose had submitted, "We've been able to survive this wave, but we have to be ready for the next one," and urged for a decision to be taken on the matter.

To this, Sr. Adv. Rahul Mehra for the Delhi government responded stating that, it had already been put to the government officers that atleast "patients with mental health issues be treated there itself."

Mehra further suggested that there were multiple blocks at IHBAS and atleast one of those could be converted.

Ghose urged for IHBAS and the Health Ministry to sit together and decide.

However, the court noted that directions had already been issued to the Government of National Capital Territory of Delhi (GNCTD) to consider the matter and therefore this bench would not get into this again.

Amicus Curiae in the matter, Sr. Adv. Rajshekhar Rao opined that, "As far as IHBAS is concerned the apprehension seems to be that we can take care of people suffering from neuro-psychiatric illness who have Covid-19" which was why the proposal seemed to have been made. However, he continued, "Their appears to be some reluctance, notwithstanding perhaps some place being available, to have it becoming general covid facility, primarily because of nature of patients."