COVID-"Central Govt Should Ensure Supply Of Vaccination Doses To State, Stern Action Against Black Marketeers": Madhya Pradesh High Court

The Madhya Pradesh High Court on Thursday asked the Central Government to ensure supply of required number of vaccination doses to the State at the earlier in order to "apprehend the third covid wave" by ensuring timely vaccination of people falling in both groups i.e. 18 to 48 years and 45 years and above. The Court also directed the Director General of Police, MP to "constitute special teams in major cities" to take stern action against all black marketers of Remdesivir and other covid 19 drugs.

A division bench comprising of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan also directed the State Government to file a "complete action plan" for vaccination of both age groups.

On Distribution of Oxygen Supply and Availability of Oxygen

During the course of hearing, the amicus curiae apprised the Court about the issue of distribution and transportation of oxygen in the State.

Furthermore, the Court was also informed that the government was giving priority to government hospitals in making oxygen supply whereas the private hospitals were not being timely provided with oxygen resulting in unfortunate deaths.

In view of this, the Court directed thus:

"Learned Advocate General may clarify this position by demonstrating how equitable is distribution of oxygen on the next date of hearing. The State Government may in this respect take immediate remedial measures to ensure that no private hospital is deprived of oxygen."

On Vaccination and Requirement of Vaccine Doses

Dealing with an interim application in relation to the revised vaccination policy, the Court was apprised that according to a new order issued by the Chief Medical and Health Officers dated 3rd May 2021, it required the Private Hospitals and Nursing Homes to return the balance of vaccine doses on the ground that they were not uploading data on the Portal.

The counsel appearing for applicant submitted before the Court that the reason for not uploading the said data was that the portal was closed by the Government.

While the counsel appearing for Central Government prayed for some time to file response, the Court directed that no coercive action shall be taken against the Private Hospitals and Nursing Homes on the basis of aforesaid order till the next date of hearing.

The Court also directed the Advocate General appearing for the State to inform the Court "as to why a similar mechanism adopted by the Delhi Government as regards to distribution and supply of Remdesivir to the hospitals may not be adopted in the State of Madhya Pradesh."

At this juncture, the Advocate General apprised the Court that two manufacturers of Remdesivir namely M/s Nixi Laboratory Pvt. Ltd. and M/s Protech Telelinks, have approached the State Government to recommend their case to Drug Controller General of India so as to allow them to locally sell Remdesivir however they were unable to sell them locally as per the notification issued by Directorate General of Foreign Trade which allows them the authorization to manufacture Remdesivir injection for export purpose only.

"The Central Government may consider the request and give response as to why these two manufacturers or any other manufacturers having permission to export, since the export has been banned, may not be permitted to directly supply Remdesivir injection of 100 MG vial for domestic use to the State of Madhya Pradesh and/or any other State for local use." The Court ordered.

The Court also directed the counsel appearing for Union of India to inform as to why the quota of Remdesivir, which was earlier 95,000 vials for a block of 10 days from 21st to 30th April, 2021, may not be increased by 20%, as already directed earlier.

Further directing the Advocate General to inform about the total availability of vaccines and also about the period in which the two age groups may be administered vaccines, the Court further ordered thus:

"The State Government shall, if it has already not done, apprise the Central Government of the number of doses needed for both the age groups in the State. The Central Government should ensure supply of required number of vaccination doses to the State of M.P. at the earliest in view of apprehended third wave of Covid so that timely vaccination of people falling in both age groups can be ensured. The State Government on or before the next date of hearing file a complete Action Plan for vaccination of both the above groups."

On Black Marketing of Remdesivir

On the submission of the intervenors addressing the issue of rampant black-marketing of the Remdesivir and other life saving drugs in major cities like Bhopal, Indore, Gwalior and Jabalpur, the Court directed the Director General of Police to "constitute special teams in these cities and other major places to trace out all such black marketeers and take stern action so as to book, not only them but also those persons from whom they acquire the same, under the appropriate provisions of the law".

"As regards the complaint in respect to overcharging and exploitation, learned Advocate General submitted that if any citizen has any complaint with regard to working of any hospital or exploitation or overcharging by any private hospital/diagnostic centres, he/she can make a complaint to the District Collector concerned, who shall have the same examined in the District Level Committee constituted vide order of the Government dated 04.05.2021 for appropriate action." The Court ordered at the outset.

The matter will now be heard on 17th May 2021.

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