The Bombay High Court, while shredding Centre’s affidavit for defending faulty PM CARES ventilators, lashed out at Central Government and stated that the Union Health Ministry should’ve resorted to sensitive behaviour towards patients than playing blame game.
The affidavit had been filed by the Union Secretary, G.K. Pillai, belonging to Ministry of Health and Family Welfare, wherein they defended Jyoti CNC, manufacturer of defective ventilator machines and claimed that the doctors and other paramedics were not properly trained to handle the machine.
In the instant case, the bench was hearing its suo moto criminal PIL, wherein at least 113 of 150 ventilators, supplied to Marathwada, were found defective. It was also brought before the court that ventilators were rejected when one of the patients became of hypoxic.
During the hearing, the Central Government submitted that 150 ventilators were supplied through Make-in-India and not PM CARES fund.
The bench did not appreciate any of the Centre’s submissions as it focused more on blame game rather than a sensitive behaviour towards the health of citizens, which is one of the main objects of a welfare state.
The bench asked the ministry to refrain from questioning the reports submitted by medical experts, which alleged that the ventilators were defective, and concentrate upon rectifying the machines in order to provide relief to the patients.
The bench time and again asked the central government to put in efforts for making the machines in a working condition and not blame the training skills of hospital staff and paramedics.
The bench asked the Assistant Solicitor General of India to take up further instructions on a fresh report submitted by the dean of Government Medical College. The said report lists out various reasons after which it came to a conclusion that the ventilators were unsafe for patient’s use and that they’ve decided not to conduct further tests of these machines.
The Assistant Solicitor General submitted that Union of India would take up remedial measures to ensure that ventilators operate adequately and any defect, if found, would be removed. The matter has been listed for further directions on June 2, 2021.
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