Gandhinagar, (Aryavarth) A division bench of the Gujarat High Court issued notices to the state BJP president and Navsari MP, CR Paatil, the Surat MLA, Harsh Sanghvi and state government as well as Surat Collector on a Public Interest Litigation (PIL) filed by the Leader of Opposition (LOP) in Gujarat state assembly, Paresh Dhanani over the ‘illegal and unauthorised distribution of Remdesivir injection’ from Surat BJP’s office.
The LOP, Paresh Dhanani on previous Thursday had filed a PIL against the Gujarat BJP president Chandrakant R Paatil, the Majura (Surat) constituency BJP MLA, the Gujarat government through the Chief Secretary Anil Mukim, the principal secretary, health and family welfare, Jayanti Ravi, the FDCA Commissioner, Hemant Koshiya, the Surat Collector and the Surat Police Commissioner for illegally acquiring, stocking and distributing Remdesivir injections in an unauthorised manner.
Dhanani in his PIL, had pointed out that even though Paatil and Sanghavi were not registered pharmacist nor did they hold any legal capacity to enmass, purchase, hoard and distribute remdesivir, they hoarded the injections and distributed them from the BJP Party office in Surat. These injections were distributed to those in need of the same in the desperate times of covid-19, particularly when there was a shortage of these injections.
“Even on a condition of providing Covid certificate and doctor’s prescription at BJP office in Surat, the distribution of Remdesivir injections is illegal and violates several provisions of the Drugs and Cosmetics Act, Pharmacy Act, Drugs Control Act and an application to take action against C.R. Paatil and others is preferred to the Commissioner of Drugs, Gandhinagar.” said Anand Yagnik, the counsel for Dhanani in his submission.
Yagnik submitted that “Such illegal action from the Surat BJP office by MP and state BJP president CR Paatil as well as MLA Harsh Sanghvi should be looked into by the Drug Commissioner and its status may be provided to the hon’ble court.”
The division bench of Justices Sonia Gokani and Vaibhavi Nanavati, has issued notices to all the respondents and have asked them to file a reply within two weeks.
The division bench has also sought that the FDCA Commissioner clarify and present before the court, what actions he has taken on the representation made by Dhanani on April 14.
Dhanani has prayed for an expert committee to be constituted of “highly distinguished and neutral persons” to inquire into the incident and place a report before the court in the context of the Pharmacy Act 1984, Drugs and Cosmetics Act, 1940, Disaster Management Act, 2005, and Epidemic Diseases Act of 1987, and that action must be taken based on the report.
The Gujarat HC has scheduled the next hearing on May 5.
