Bombay High Court: The Division Bench of Z.A. Haq and Amit Borkar, JJ., issued directions till the regulation of Remdesivir and Tocilizumab injections.
It was submitted that the State Government, on principle, accepted the proposal regarding setting up of oxygen plant/factory at Nagpur. Government considered setting up of such plants at other places in Maharashtra as well, for the said reason a meeting with Chief Secy. of Maharashtra Government on 15-04-2021 was convened.
Remdesivir Injections
M.G. Bhangde, Senior Advocate stated that as far as the issue of Remdesivir Injections was concerned and making provision for centralized portal containing the name of the patient with details/number of Aadhar card of the patient, name of the hospital where such patient is hospitalized/treated and the number of dose/doses given to the patients, such centralized portal would be started immediately.
Further, it was added that the hospitals where the patients were administered dose/doses of Remdesivir Injections will have to ensure that required data is being updated on the centralized portal immediately.
Adding to the above, another submission was made that if a patient is not able to get bed in a Dedicated Hospital and is required to be administered dose/doses of Remdesivir Injections, he can be given the dose/doses in the Outdoor Patient Department of that Dedicated Hospital.
If a patient is not able to get the bed in a Dedicated Hospital and is not able to get service even in Outdoor Patient Department in Dedicated Hospital and such patient undergoes treatment in a Non-Dedicated Hospital and the Doctor treating such patient is of the opinion that the dose/doses of Remdesivir Injections is / are required to be administered to such patients, the Collector of the District shall ensure that the dose/doses of Remdesivir Injections is / are made available to such patient also.
Such patient shall not be denied the Remdesivir Injections only on the ground that he has undergone treatment in a Non-Dedicated Covid-19 Hospital
With regard to issue of availability of Tocilizumab injections was concerned, Senior Advocate stated that the injection was being imported and the distribution and supply of the said injection was to be regulated by the State Government and its authorities, whereas its distribution was covered by Central Government.
Following directions were issued by the Bench:
- Joint Commissioner, Food and Drugs Administration, Nagpur shall take all the details from the Depot Manager or from the Authorized Person working at the Nagpur Depot of Cipla Pharmaceuticals about receipt of Tocilizumab Injections.
- Joint Commissioner, Food and Drugs Administration, Nagpur shall also collect the data from the pharmacists to whom Tocilizumab Injections are supplied from the Nagpur Depot of Cipla Pharmaceuticals or from the Agent of Cipla Pharmaceuticals.
- Depot Manager / Responsible Officer of Nagpur Depot of Cipla Pharmaceuticals and the agent and pharmacists shall furnish all the details to the Joint Commissioner, Food and Drugs Administration, Nagpur within two hours of receipt of the notice from the office of the Joint Commissioner, Food and Drugs Administration, Nagpur regarding that.
- Agent of Cipla Pharmaceuticals at Nagpur and the pharmacists who are supplied Tocilizumab Injections and who have sold it shall also furnish the details to the Joint Commissioner, Food and Drugs Administration, Nagpur immediately.
- If any of the above person fails to give the necessary details, the Joint Commissioner, Food and Drugs Administration shall take strict action against the erring person.
- Details of availability of Tocilizumab Injections with the pharmacists shall be made available on the centralized portal which is being started by the Collector, Nagpur.
Court directed the Collector, Nagpur to examine whether beds can be made available for the needy patients at Mankapur Stadium, Nagpur and at Nagpur Nagrik Sahakari Rugnalaya.
For the above purpose, Collector, Nagpur may take the assistance of any officer of Nagpur Municipal Corporation or State Government.
Collector, Nagpur to submit a report regarding the feasibility of making available beds at Mankapur Stadium, Nagpur and Nagpur Nagrik Sahakari Rugnalaya till the next date.
Bench requested U.M. Aurangabadkar, ASGI to discuss the matter with the railway authorities concerned and ask them to interact with the Collector, Nagpur so that the facility which is not being properly utilized can be utilized to its optimum for the needy patients.
Matter to be listed on 10-04-2021. [Court on its own motion v. Union of India, Suo Motu PIL No. 4 of 2020, decided on 13-04-2021]
Advocates before the Court:
Shri S.P. Bhandarkar, Amicus Curiae
Shri U.M. Aurangabadkar, ASGI for Union of India
Shri M.G. Bhangde, Sr. Adv. a/b Shri D.P. Thakre, Addl. G.P. for State Shri S.M. Puranik, Advocate for NMC
Shri T.D. Mandlekar, Advocate for Intervener
Shri M. Anilkumar, Advocate for Intervener
Shri B.G. Kulkarni, Advocate for IMA