High time Centre fixed MRP of concentrators, says Delhi HC

NEW DELHI: The Delhi high court on Wednesday said it is “high time” the Centre fixes the MRP of oxygen concentrators and other equipment much in demand for Covid treatment.
This will put an immediate end to hoarding and black marketing, it noted, while hearing submissions relating to cases slapped for alleged hoarding and black marketing of medicines and equipment.
A bench of Justices Vipin Sanghi and Rekha Palli passed the direction after it was found that the last meeting on the issue was held by the Centre as early as June last year, but no follow up was done to take a decision. “The concentrators fall within the definition of drugs and apparatus,” the court said.
During the hearing, advocate Sanjeev Sagar also informed the court that in the hearings before the trial courts in connection with the cases, public prosecutors as well as the judges appeared to be unaware of the May 2 order of the bench to book those engaged in hoarding and black marketing.
The high court in its May 2 order had also said that such individuals, booked for black marketing and hoarding be brought before it for taking contempt of court action against them.
Sagar submitted media reports which said that the concerned trial court, while hearing the anticipatory bail filed by businessman Navneet Kalra in connection with the seizure of oxygen concentrators from his upscale restaurants, had said that first a law has to be made to regulate the prices and people cannot be penalised in a hurry.
Amicus curiae and senior advocate Rajshekhar Rao said the trial court cannot be blamed as MRP has not yet been fixed for a majority of the imported equipment and the central government has to inform the high court what steps it has taken.
Rao said a lot of people will escape prosecution in the long run as no maximum retail price has been fixed for the imported medicines and equipment for Covid treatment. The lawyer for the central government said the issue was under consideration and sought time to inform the bench as to what decision has been taken. The court also asked Sagar to prepare a note on the issue of price fixation, for informing public prosecutors and judicial officers in the subordinate courts, and said it will be circulated by Delhi government.
In other directions to the Centre, the bench asked it to “encourage” domestic manufacturers of key drug Remdesivir to apply for clearances, since there is a ban on exporting abroad. “It is a half-baked exercise to stop exports, when the material can’t be diverted to domestic market,” the bench pointed out, after the Centre said firms need a separate set of clearances for domestic supply than from export.
“So far, as consignments already pending for export if this can’t be diverted, then export them so that it can reach targeted countries and it goes to those who need it,” the bench added, asking the Centre to take a decision swiftly.
Additional solicitor general Chetan Sharma informed the court that production of Remdesivir has gone up from 38lacs to 1 crore vials now and seven more manufacturers have been cleared to produce it.