The Bombay High Court was hearing a criminal application filed against Bharatiya Janata Party (BJP) leader Dr. Sujay Patil for illegal procurement and distribution of Remdesivir injections given to Covid-19 infected patients for treatment.
The Bench perused some press reporting/screen shots of purported video recorded by Dr. Patil himself, showing that he had acquired an undisclosed number of Remdesivir injections via a chartered flight from Delhi to Shirdi.
The court recorded that on April 17, the District Collector, Ahmedabad, Dr. Bhosale, allegedly held a press conference and said that Sujay Patil sought permission to open a Covid hospital at Vilad Ghat, Ahmednagar, which is a “shut down” hospital. He then advised Sujay Patil that the injections and oxygen cannot be supplied through the District Government Hospital and the said injections can be purchased directly from the manufacturers.
Dr. Bhosale, also said in the press conference that the injections were procured legally and that he allowed a civil surgeon to place an order with a Pune manufacturer. The surgeon had placed the order and paid an amount of Rs.7,56,000 and Rs.18,14,4000. Thereafter, the payment to the surgeon was made through Sujay Patil’s foundation’s hospital and medical store.
However, the Aurangabad Bench of Justices Ravindra Ghuge and B.U Debadwar noted that 1,700 Remdesivir injections, “which the District Collector solemnly states to have been purchased by following legal procedure”, have not taken the air journey through the chartered aircraft from Delhi to Shirdi. The Bench rhetorically asked, “Issue would be, whether this is a legally accepted procedure?”
The Bench also observed that the collector was trying to “protect” Sujay Vikhe Patil. “Though we are not forming a final opinion, prima facie, we are of the view, considering the press conference allegedly held in the premises of the District Collector by he himself and the receipts placed before us and that these injections have not taken the route from Delhi to Shirdi, the District Collector is attempting to protect the concerned Member of Parliament by holding the press conference in his premises to make the statement that these are injections that have come from Pune and most of them have been handed over to Dr. Vikhe Patil Medical Store”, said the court.
The Bench also questioned the BJP MP’s intentions and his claims in the video that he had procured Remdesivir legally. “The question, therefore, is as regards, whether Dr. Sujay Vikhe Patil carried a different set of boxes containing Remdesivir injections through the chartered aircraft from Delhi to Shirdi and as to where are these boxes? Whether, the video recordings and photographs uploaded by the said Member of Parliament during his air journey as well as on landing at the Shirdi Airport and distributing the said injections by holding a get together, are truthful or not and whether they need to be investigated,” added the Bench.
The Bench expressed that they distrusted the District Collector at this point. It said, “Ex-facie, considering the role played by the District Collector, Ahmednagar Dr. Rajendra B. Bhosale, unless proven otherwise, we do not think that we would have any confidence in his role in the investigation.”
The court has directed the District Superintendent of Police, Ahmednagar, to trace out the boxes containing Remdesivir injections unloaded by the MP at the Shirdi Airport and place a report before it on May 3.
It has also asked for the CCTV footage of the cargo to be secured, since the petitioners have alleged and also the concerned Member of Parliament purportedly states in his video recording that he landed in the chartered aircraft at Shirdi Airport and unloaded all boxes of Remdesivir injections.
It added, “We make it clear that we will not tolerate any excuse about any CCTV footage being lost or loss of any details of the chartered/ private aircraft landings and take off.”
The petition before the High Court had claimed that the state police failed to understand that the Member of Parliament has no authority to purchase and distribute any medical equipment or medicines under any law. “Dr. Sujay Vikhe Patil is a non-practising medical professional and he cannot step into the shoes of the chemist or pharmacist in procuring the medicines that too without permission of the competent authorities”, the plea read.
This matter will be heard on May 3.
The order may be read here:
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