Courts can’t be mute viewers, turn Nelson’s eye: Bombay HC files suo moto case

Courts can't be mute viewers, turn Nelson's eye: Bombay HC files suo moto case

The Aurangabad Bench of Bombay High Court on Thursday registered a suo moto criminal case against the black marketing of Remdesivir which is used for treating COVID 19 patients. The case was registered on a report in the daily Hitava (City Line) of April 28, 2021, which published the news where 32 persons including a doctor were detained by Nagpur police for black marketing of Remdesivir. The report further stated that due to the heavy demand for Remdesivir Vaccines, many people related to the hospitals, probably the authorities are getting themselves indulged in the black marketing of the life-saving drug. Justices ZA Haq and Amit B Borkar marked that the situation is even worst in the Nagpur district in the second wave of COVID. 

The Hon’ble Court also commended the police for their efforts but noted that people are still not throwing light on such instances to law enforcement agencies since they are extremely confined and concerned for their loved ones and are ready to buy the drug even with an enormous price.

While treasuring the inventiveness of the Nagpur police in booking the offenders, the Court perceived that the time consumed for investigation of offenses and disposal of the criminal trials are not dissuading for people indulging in such activities.

 The Court also said that it is an unprecedented time of crisis, hence certain unparalleled measures would be needed to deter unscrupulous people from indulging in black marketing of the life-saving drugs. It, consequently,  moved to register a suo moto criminal application in practice of its inherent powers under Section 482 of the Code of Criminal Procedure.

Advocate SP Bhandarkar, the Amicus Curiae in the Suo Motu PIL related to the COVID management, was appointed Amicus in the present criminal case.

Shubhi Shukla
“Don’t let what you cannot do interfere with what you can do.” I am Ms. Shubhi Shukla an ambitious girl whose aim in life is to hone my skills and widen my repertoire as far as possible. I am currently pursuing my Bachelor’s in Arts and Law [B.A.LL.B(Hons.)] from Faculty of Law, Banaras Hindu University, Varanasi. I didn’t enter this realm of law by my volition but I’m dead certain that I’ll make it my métier and my playground. Comprehending laws that governs societies, absorbing knowledge about every aspects about it and having rational thinking are of primary importance to me as a law student. I try not to talk too much but to walk the talk, I hope to learn with every new opportunity and contribute for others as well.