COVID- 'There Should Not Be Any Effort To Protect Influential Persons': Jharkhand High Court Warns Agency Investigating Black Marketing Of Life Saving Drugs

Noting that investigation in this regard is not being conducted in the direction, a Division Bench comprising of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan Prasad observed,

"We are not satisfied with the way by which the investigating agency is investigating the matter… It appears to us prima facie that already the process is on to save certain persons… We are taking very serious note of the situation. There should not be any effort to save influential persons otherwise we will be compelled to take action against the erring persons."

In its previous order, the High Court had directed the State's Criminal Investigation Department (CID) to keep strict vigil in black marketing of medicines and charging extra rate for Beds in hospitals, both in private as well as government.

The direction was made in view of news clip telecast, wherein a person was seen getting Rs.1,10,000/- by selling Remdesivir Injection through black marketing.

In the video, a black marketeer namely Rajeev Kumar Singh had disclosed, that he used to give Rs.3,000/- to the Drug Inspector, Rs.10,000/- to the officers of the National Health Mission and likewise money was being transmitted at other levels to procure the said injection to sell out in the open market by black marketing.

On Thursday, the Division Bench sought to know that from Rajeev got possession of the Remdesivir Injection when its sale in open market is totally prohibited and can be supplied through government functionaries only.

It remarked,

"when the Government has channelized the supply of Remdesivir Injection through its own source then the investigation is required to be conducted in order to look into the involvement of the concerned department because when the fact about supply of the aforesaid Injection is strictly to be made through the Government channel to be supplied to the hospitals where the patients are admitted and treated unless there is involvement of concerned working in the channel there is no question of coming out of the aforesaid Injection for its sale in open market through black marketing".

It reiterated that efforts should not be made to protect guilty officers, who are involved in the black-marketing racket.

"We reiterate that we are not satisfied with the investigation conducted up till now by the investigating agency, therefore, we, hereby, direct the investigating agency to investigate into the issue of conspiracy/involvement of others," the order stated.

Further, the Court has passed the following directions for management of other issues arising due to the pandemic:

• Government of India is directed to look into shortfall in supply of Remdesivir Injection on account of non-compliance of allotment order by Jubilant and Cipla companies;
• State Government consider using the bar building in order to create oxygen supported beds, so that the same may be used for the public in general.
• State Government has to come up with the strategy as to how it is going to combat the situation when the Government policy regarding use of certain medicine in mild COVID infection is already there, and Government is also providing them free kit, those persons who are not getting doctors who can prescribe medicine as nobody is easily coming forward to examine the COVID patients, thus, they are not able to procure it from medical shops in the absence of prescription and further if they could not get free kit from the authority, what is to be done for them?
• State is also directed to reply as to what is the standard of protocol for disposal of bodies of the persons who have died in home isolation due to COVID-19 infection?

The matter is now fixed for hearing on May 13.

Case Title: Court on its own motion v. State of Jharkhand

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