"Courts cannot be mute spectator, turn Nelson's eye:" Bombay High Court registers suo motu case against Remdesivir black-marketing

The Nagpur Bench of Bombay High Court on Thursday registered a suo motu criminal case against black-marketing of the drug, Remdesivir used to treat COVID-19 patients. .The case was registered based on a report in the daily Hitava (CityLine) of April 28, 2021 which published a news where 32 persons including a doctor were booked by the Nagpur police for black marketing Remdesivir Injections. The report noted that due to rise in demand of Remdesivir Injections, many persons related to the hospitals were indulging in 'black marketing of life-saving drug'..The Bench of Justices ZA Haq and Amit B Borkar observed that in the second wave of COVID-19, the situation appeared to be worst in Nagpur district. "In such crisis situation, the Courts cannot be mute spectator and cannot turn Nelson’s eye to such incidents which are reported in the newspaper," the Court said. .The Court noted that due to the huge demand and lack of supply of Remdesivir injections, people in urgent need and from the lower strata of the society were unable to get the life saving drug at market price. ."Due to the sudden surge of Covid-19 cases, neither the manufacturers of the medicines nor the authorities entrusted with the work of distribution of medicines were prepared for such situation resulting into unscrupulous people taking advantage of such situation," the Court observed. .The Court appreciated the Police for their efforts but noted that people are not reporting such instance to law enforcement agencies since they are concerned about their loved ones and are ready to buy the drug at astronomical price. "Since the buyers at such astronomical price are concerned only about the lives of their loved ones, such cases are seldom reported to the Law Enforcement Agency. It is therefore necessary to initiate measures to deter such unscrupulous persons from indulging in black marketing of life saving drug like Remdesivir Injection. Therefore we appreciate the initiative of the Police in taking action in the matter," the order said. .While appreciating the initiative of the Nagpur police in booking the offenders, the Court observed that the time consumed for investigation of offences and disposal of the criminal trials are not dissuading for people indulging in such activities.."In order to send strong signals to people who may indulge in black marketing of life saving drug, it is necessary that the investigation and trial of people accused of black marketing of life saving drug should be taken to conclusion and one of the effective way is to ensure that the trial is completed in swift manner," the Court added. .The Court said that it is an unprecedented time of crisis, hence certain unprecedented measures would be needed to deter unscrupulous people from indulging in black marketing of life saving drug. It, therefore, proceeded to register a suo motu criminal application in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure..Advocate SP Bhandarkar, the Amicus Curiae in the Suo Motu PIL in relation to the COVID management was appointed Amicus in the present criminal case too..The case will be heard again on May 4, 2021.[Read Order]