The Bombay HC has asked the Central Government to reconsider its allocation of Remdesivir injections to Maharashtra.
The Nagpur bench observed that reducing the supply now is irrelevant with the increase in coronavirus cases. The division bench consisted of Justice Sunil Shukre and Avinash Gharote.
The percentage of cases reduced in Maharashtra is about 1-2%, and the reduction in allocation is about 14.5%, the figures don’t match and are unreasonable. Hence it needs to be reconsidered.
The bench told the additional solicitor general of India, UM Aurangabadkar, that they would pass an order soon ordering the Central Government to revise the new order and align the reduction in proportion to the decrease in cases.
The bench referred to the Centre’s order dated 1st May, 2021, allocating remdesivir to states across India. As per the order issued in continuation to earlier orders, the number of vials allocated was 8,09,500 from 21st April to 9th May,2021, for the next ten days.
The order was passed to increase Maharashtra’s allocation to 4,35,000 vials for the next 10 days of April. The court notified the guidelines to the FDA commissioner of the State to send such a presentation, which was sent the next day after the hearing, and the increase was approved by the DGCI the day after itself.
This was a special hearing, which was conducted on Sunday (May 2, 2021). During the special hearing, the amicus curiae SP Bhandarkar submitted that the Central Government must reconsider allocation based on the percentage share of each State in the national figure of active cases.
Advocate Tushar Mandlekar appearing for an intervenor in the PIL, submitted that the latest order on Remdesivir does not reflect that.
Maharashtra’s Remdesivir allocation before April 21, 2021, was 2.69 lakh vials, which was increased three days later, i.e. 24th April by 1.66 lakh vials to 4.35 lakh vials for the period of April 21st to April 30th. It has been reduced to 3.74 lakh vials since then.