A division bench of Chief Justice Mohammed Rafiq and Justice Atul Sreedharan said that whether or not a corona patient is required to take Remedisvirka as a medicine should be left to the discretion of the treating doctors and it is not decided by the order of the executive should go.
Further stated that we see no justification for this urge to provide remadecivir, it should only be given to patients who are on oxygen, especially when oxygen, as a commodity, itself has become scarce. There is no logic behind this policy.
Remedesiver availability and black marketing issue
In the case, amicus curiae Naman Nagarath apprised the court about the issue of black marketing and the availability of remdesive due to high prices. Noting that the state government has not taken any step to curb such malpractices, the bench said that most private hospitals are asking Kovid 19 patients to buy the drug themselves.
In view of ambiguity regarding the availability of beds, patients are traveling from one hospital to another. The state government needs immediate attention to strengthen health facilities in rural areas. Despite the court’s directive not to charge more than the prescribed rates for treatment, private hospitals are charging exorbitant fees.
In addition, the Court also said that the doctors doing this treatment should decide whether a patient is to be given ramadacivir injection and once prescribed it is the duty of the state to ensure that it is available as soon as possible.
It is further noted that it is pertinent to note that the court had directed the state to ensure that by charging exorbitant prices from patients or attendants, they are not exploited and the state is not just government hospitals but private hospitals / nursing homes Will also ensure and regulate the continuous supply of ramdescivir.
The Advocate General, appearing for the state, told the court that after ensuring supplies from seven domestic manufacturers, an interim allocation of Remdesvir for 10 days from April 21 to 30 has been ensured.
Further, it was reported that the state has been allotted 95000 vials of Remdesvir before 30.04.2021, out of which only 45,000 vials were kept for use in government hospitals and 50,000 vials to be supplied to private hospitals. This was done, but the condition was that they would ensure equal sale / availability of the drug for the treatment of Kovid 19 patients admitted to private hospitals based on the number of Kovid 19 patients admitted to the Isuyi / HDU / Oxygen supported beds.
Lack of oxygen supply
Amicus Curiae told the court that despite the court’s detailed instructions to ensure a continuous oxygen supply, the state failed, and that there were about 60 deaths in the state due to lack of oxygen.
The court was told that only five of the 8 Presser Swing Abortion (PSA) oxygen plants allocated to the state under the PM Care Fund by the central government have been set up and are also operating at less than half the capacity.
The court said that there are 52 districts in the state of Madhya Pradesh, which have district hospitals. There is no reason that he cannot invest an amount of Rs 50 crore, so that a PSA oxygen plant can be set up in each of those hospitals. There is no liquid oxygen manufacturing plant in the entire state.
Given that the situation on the ground is completely different than the situation reported in the action report presented by the state government.
The court took the newspaper reports seriously, giving information about various deaths due to lack of oxygen supply, and said that even the state has also, on the veracity of alleged deaths in hospitals due to non-availability of oxygen Has not made any serious attempt to raise the question. The death of such a large number of citizens is truly heart-wrenching. Sadly, people are dying in hospitals due to lack of oxygen.