What Is The Case
● According to the HC, celebrities may have had the noble intention of assisting others but were unaware that they were acting in violation of the law.
● The Maharashtra government was ordered by the Bombay High Court on Thursday to investigate how celebrities and politicians obtained anti-COVID-19 medications and injections to help individuals in need when supplies were scarce across the country.
● According to a vacation bench of Justices Amjad Sayyad and G S Kulkarni, such celebrities may have acted in good faith to help others, but only the Union government has the authority to provide those pharmaceuticals.
● The State's Advocate General, Ashutosh Kumbhakoni, stated at the outset of the session that the Drug Inspector had given notices to the Sonu Sood Foundation and NCP MLA Zeeshan Siqqique in accordance with the court's instructions.
● According to their comments, the celebrities have never purchased nor stored Remdesivir, but have just provided assistance. In some circumstances, just enabling, in others, paying the cost of drugs.
Details Of The Case
● While manufacturers appear to have told the Union of India that they only delivered Remdesivir to the government, the Sonu Sood Foundation's response to the Drug Inspector's notice revealed that they had contacted manufacturers and delivered specific medications, according to the court.
● According to UOI's Additional Solicitor General Anil Singh, it appears that the manufacturers may not have done it, but that it is done through subcontractors, but that the State would need to investigate.
● Sonu Sood's charity has stated that they never purchased or distributed antiviral medications Remdesivir or Tociluzubam, but rather "aided" in procuring the medication through hospitals, pharmacies, and businesses.
● The "Sonu Sood Foundation" claims to have a system in place to determine whether the person making the social media request is "truly in need," and then to assist the person by contacting politicians, other local hospitals, and pharmaceutical companies to provide medicines through the hospital's pharmacy.
● We have assisted hospitals, pharmacies, and enterprises in sending, giving, and issuing Remdesivir/Tocilizubam injections to patients in various parts of India. Indore, Mumbai, and Punjab are three cities in India. We do not have a drug licence under the D&C Act 1940, and we have never purchased, stocked, distributed, or sold any medicine," their answer states.
● In its affidavit to the HC, the State included Sood's response. During the previous hearing, the court chastised the State and the Centre for failing to explain how pharmaceuticals in short supply in the State are freely distributed to movie stars and politicians.
MLA Zeeshan Siddiqui
● PIL petitioner Nilesh Navlakha, who was represented by Advocate Rajesh Inamdar, used Sood and NCP MLA Zeeshan Siddique's social media posts to demonstrate how medicine that was previously unavailable to the general public was distributed within hours after social media demands.
● The State claims in the affidavit that the Drug Inspector sent Siddique a notice under Section 18A and Section 22(1) of the Drugs and Cosmetics Act 1940 & Rules, along with Sood's notice, requesting documentation for inspection related to Remdesivir distribution.
● Siddique claims that he has only helped patients obtain Remdesivir vials by pointing them to humanitarian organisations, hospitals, pharmacies, and health care centres that may be able to offer the vials on a short-term basis. Siddique stated that he approached the District Collector and FDA officials in response to citizen appeals on social media.
● The latter informed him that due to a shortage of Remdesivir, they are unable to deliver the drug to small hospitals or individual patients, and can only provide it to large hospitals and government institutions. According to Siddique, the BDR Foundation, a charitable organisation, donated the vials only in an emergency.
● "Remdesivir Injections were never in my possession or on my shelves. As a result, no additional explanation from my end is required." According to BDR's statement, they are makers of Remdesivir medication for Cipla, according to the State's affidavit. They asked Cipla and Sun Pharma to donate some vials and to assist the poor patients who had been sent by Siddiqui. The two pharmaceutical companies have now been asked to respond.
Court’s Observation
● "There appears to be an issue. According to the Sood Foundation, we asked Jubilant, Cipla, and Hereto to assist us in providing, and these companies responded. However, according to your (Central Government's) information, these firms never provided it, and it was only handed to government agencies "AA Sayed and GS Kulkarni, who is hearing a slew of Covid-19 PILs, stated.
● The court then urged the State to continue the investigation orally, stating that their main worry was the issue of counterfeit pharmaceuticals and unequal distribution.
● The bench said, "When counsel Rajesh Inamdar brought out that individuals have also been distributing the barely accessible mucormycosis medicines,"
● "They (celebrities and politicians) aren't here in front of us. We can't make observations and give directions at the same time. However, it is up to the state government to provide a warning and a promise that they would not engage in this behaviour. They have a lot of power at their disposal; let them use it."
● "They could be acting honestly or in the best interests of all patients. It can't, however, be in violation of the protocols "the bench.
What do you think about the case?
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