Nagpur: Expressing anguish over inordinate delay in finishing trials related to remdesivir black marketing cases, the Nagpur bench of Bombay high court on Tuesday ordered a ‘fact-finding’ probe against former and current additional sessions judges who were hearing them.A division bench comprising justices Sunil Shukre and Anil Kilor directed principal district judge or his nominee, not below the rank of district or additional judge, to make an inquiry into the conduct of all the trials of such cases, find out the reasons for delay, and submit the report to the HC.“We’ve gone through the request letter of additional judge on June 8.
Prima facie, we’ve an impression that earlier judge, who was presiding over the conduct of trials, may not have taken prompt steps for their conclusion on or before June 9 deadline.
From the facts stated in application, we gather that there has been no stay granted by the Supreme Court to HC’s May 6 order.”Before adjourning the hearing by two weeks, the judges clarified that if any proceedings are pending before the apex court, then their numbers along with the orders be obtained and incorporated in report submitted to HC.The HC had registered a criminal suo motu contempt on April 29, based on media reports of vital drug being black marketed at a premium to patients, and appointed Shreerang Bhandarkar as amicus curiae.
After receiving complaints, the police had launched a crackdown and arrested 32 persons, including a doctor.“Due to the sudden surge of Covid-19 cases, neither manufacturers nor authorities entrusted with distribution of medicines were prepared for such situation, resulting in unscrupulous people taking advantage.
The demand supply ratio of remdesivir, which is a lifesaving drug, is exponentially inverse.
Due to big demand and lack of supply, the people in urgent need, and in particular the lower strata of society, are unable to get it at a market price,” the then division bench comprising justices Zaka Haq and Amit Borkar had observed.The judges pointed out that the time consumed for investigation of offences and disposal of criminal trials aren’t dissuading black marketers from indulging in such activities.
“In such unprecedented time of crisis, it’s necessary to take certain unprecedented measures to deter unscrupulous people from indulging in black marketing of life saving drugs,” they said.