Maharashtra Govt Moves SC Challenging Bombay HC Order For Centralised System Of Remdesivir Allocation

The Supreme Court on Monday tagged along the suo moto case on covid issues, the petition filed by Maharashtra government challenging Bombay High Court, Nagpur Bench's order dated May 2 directing the State Government for taking steps to centralise the system for the procurement, allocation and distribution of anti-viral drug Remdesivir, used for treating Covid-19 patients.

The bench comprising of Justice DY Chandrachud, Justice L. Nageswara Rao and Justice S. Ravindra Bhat tagged the plea along with the suo moto covid case In Re Distribution of Essential Supplies and Services During Pandemic.

About the Impugned Order

Hearing its suo motu PIL on covid-19 management in Nagpur and Vidarbha regions of Maharashtra, the division bench of Justices Sunil Shukre and Avinash Gharote of the Bombay High Court directed the seven manufacturers of the drug to ensure they supply vials to the State Government before catering to individual/pharmacists demands and submitting their daily production figures to the Nodal Officer and State Commissioner of the Food and Drug Administration.

Taking judicial note of the shortfall in vials distributed to different districts of Maharashtra every day, the Bench directed thus:

"We direct the Secretary of Health (State) and FDA and that these directions are scrupulously followed. The company shall be prosecuted under relevant sections of law if these directions are not followed." 

"We direct the state of Maharashtra to hold the pharma companies responsible and take coercive action against pharmaceutical companies in case of non-compliance with the Central Government's allocation." The bench further said.

On the issue of centralisation of Remdesivir for equitable distribution in Maharashtra, the Bench observed that "time has come for centralising procurement, allocation and distribution of Remdesivir. We direct Chief Secretary Maharashtra to Centralise the whole system. This will go a long way in removing the prevailing chaos."

"We direct the Secretary of Health (State) and FDA and that these directions are scrupulously followed. The company shall be prosecuted under relevant sections of law if these directions are not followed." The Court had directed.

The court asked the FDA to upload the weekly distribution of Remdesivir vials within the State, and provide a daily update of the vials distributed and the backlog, to ensure the steady supply of Remdesivir to Nagpur and other parts of Vidhabha.

While hearing the suo moto covid case, the Supreme Court on Monday posed tough questions to the Central Government about the rationale of the dual pricing and procurement policy of the COVID vaccines adopted by the Central Government.

The Court also expressed serious concerns at the mandatory requirement of registration in the Co-Win app for getting a slot of COVID vaccination, as a large section of the Indian population is deprived of access to smart phones and internet.

Read Other Reports From Suo Moto Covid Hearing Here:

COVID Vaccines : Why States Have To Pay Higher Prices? Price Must Be Uniform, Supreme Court Tells Centre

We Expect To Vaccinate Entire Eligible Population By End Of 2021, Centre Tells Supreme Court

Any Sedition Case Against Channel For Showing Bodies Being Thrown Into River?Justice Chandrachud Takes Sarcastic Dig

"Article 1 Says Bharat Shall Be A Union Of States": Supreme Court To Centre -Read Full Courtroom Exchange In Suo Motu Covid Case

Click Here To Read Order