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2021 Supreme(Bom) 84

DIPANKAR DATTA, G.S.KULKARNI
Sneha Nirav Marjadi – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:- Mr. Simil Purohit a/w Mr. Arshil A. Shah, Mr. Nirav Marjadi, Mr. Pariket Shah, Mr. Dharamapal Dave, Ms. Smita Durve and Parisha Shah, Advocates.
For the Respondent No.1:- Mr. Ashutosh A. Kumbhakoni, Advocate General a/w Ms. Geeta Shastri, Addl. Govt. Pleader and Mr. Akshay Shinde B Panel Council.
For the Respondent No.2:- Mr. Anil C. Singh, Addl. Solicitor General a/w Aditya Thakkar, D. P. Singh i/by Gul Ansari, Advocate.
For the MCGM:- Mr. A. Y Sakhare, Senior Advocate a/w Ms. K. H. Mastakar, Advocate.

JUDGMENT

Dipankar Datta, C.J.

1. The petitioner, a practicing advocate of this Court, has filed this petition pro bono publico raising concerns of seminal importance in relation to the medical treatment of the patients infected by Covid-19, a virus, which has left the entire mankind in one of the most painful and miserable conditions of suffering.

2. The concerns as raised by the petitioner are arising from the second wave of the pandemic which has gripped the country and more particularly nastily affecting the citizens of Maharashtra. There are four issues raised by the petitioner, which are: firstly on shortage of supply of the drug 'Remdesivir'; secondly, shortage of supply of oxygen; thirdly the 'Bed management'; and fourthly in regard to the Covid-19 tests namely the "RT-PCR" and "Rapid Antigen" tests.

3. We note the case of the petitioner on each of these issues:

(I) Supply of Remdesivir

The petitioner has contended that Remdesivir (for short "the said drug") is used in the treatment of Covid-19 patients. This drug is in the form of injection available in vials. This drug reduc

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