Supply Of "Defective" Ventilators : Bombay High Court Issues Notice To Manufacturer Jyoti CNC

Justices Ravindra Ghuge and Avinash Gharote hearing their suo motu criminal PIL on Covid-19 management, have passed several orders regarding defective/ dysfunctional ventilators manufactured by Jyoti CNC procured and supplied by the Central Government to Maharashtra's Marathwada region.

On Monday, the Chief Public Prosecutor DR Kale informed the bench that the region received 250 Jyoti CNC's 'Daman-III' ventilators from the Union Government in batches of 100 and 150.

After the court's intervention and Union Government's assurances, 41 ventilators were taken back by the manufacturer and repaired, Kale said. He added that the manufacturer showed total apathy regarding another 34 ventilators, which the court had not explicitly dealt with before.

The prosecutor further said that of the 34 defective ventilators, 27 of them were supplied six months ago in January 2021 and couldn't be used during the second wave as defects were not removed.

Amicus Curiae advocate SS Bora suggested that considering the "conduct of the manufacturer" he must be added as a party to the PIL.

"We find weight in the submissions of the amicus curaie," the bench said before permitting him to make Jyoti CNC a party to the proceedings and directing notice to be issued once it is added as a party.

BACKGROUND

Following several complainants regarding Jyoti CNC's ventilators from Aurangabad Government Medical College and Hospital, the court had directed the Union government to ensure all the defective ventilators are either replaced or repaired by the manufacturer.

The court also took the Union's official to task for attempting to defend the manufacturer. It then directed the State to collect details regarding the functioning of all Jyoti CNC ventilators supplied to the hospitals in Marathwada's districts.

According to Maharashtra Government's chart, of the 250 ventilators, 133 are now functioning, 83 seem to be working but are not used on patients, and 34 ventilators are defective.

Of the 34 dysfunctional ventilators, seven were given to private hospitals in Aurangabad, 25 were given to the Vilasrao Government Medical Institute in Latur, and two to the government hospital in Ambajogai.

"We find from x-33 (chart), 25 dysfunctional ventilators supplied to the Vilasrao Government Medical College and Hospital, Latur, 2 dysfunctional ventilators at Ambajogai GMC, 1 dysfunctional ventilator at Usmanabad and 6 ventilators in private hospitals of Aurangabad."

"These are ventilators with model number 'Daman III' from Jyoti CNC Automation Ltd, Rajot. The Chief Public Prosecutor says that the manufacturer responded because of the court's intervention (earlier). As far as Latur region is concerned, there is total apathy on the part of the manufacturer," the bench dictated in its order. The notice is returnable on July 5.

[Registrar(Judicial) High Court of Bombay vs State of Maharashtra ]