The Maharashtra government on Tuesday, June 1, moved the Supreme Court, challenging the Bombay High Court’s order directing the state to create a centralised system for the procurement and allocation of anti-viral drug Remdesivir.
The apex court has tagged the Maharashtra government’s appeal along with the ongoing suo motu case on the nationwide COVID-19 crisis – In Re: Distribution of Essential Supplies and Services During Pandemic.
Bombay High Court's Order
On May 03, the Nagpur Bench of the Bombay High Court had directed the Chief Health Secretary of the Maharashtra government to “take steps to centralise the system for the procurement, allocation, and distribution of Remdesivir”.
Taking note of the “various means to procure the drug” and acute shortage of the same in the state, the court was of the opinion that a centralised system “will go a long way in removing the chaos”.
Further, the court also directed seven manufacturers of Remdesivir in the state to ensure that they supply vials to the state government before catering to individual/pharmacists demands. Manufacturers were also directed to submit their daily production figures to the nodal officer and the state commissioner of the Food and Drug Administration.
“We direct the Maharashtra government and the FDA to ensure that these directions are scrupulously followed. The company shall be prosecuted under the relevant sections of the law if these directions are not followed.”Bombay High Court
The Maharashtra FDA Commissioner had informed the court during the proceedings that despite the state’s “best efforts”, there was a shortfall of 1,43,034 vials as of May 01. He had further informed the court that the Disaster Management Department had issued an expression of interest for 10 lakh vials.
Noting that the time had come for centralised procurement of the vials, the court said:
“No pharamaceutical company, which is duty-bound to provide vials to the state of Maharashtra as per the Centre’s allocation, shall supply Remdesivir vials to private purchasers till such demand is met.”Bombay High Court
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