News Analysis India

Tag: Sujay Vikhe Patil

  • Remdesivir row: HC refuses to issue order to register FIR against BJP MP

    By PTI
    MUMBAI: The Bombay High Court on Wednesday refused to issue orders for registration of an FIR against BJP MP Sujay Vikhe Patil over allegations that he had illegally procured a large consignment of Remdesivir drug for his constituency Ahmednagar to improve his political image.

    Remdesivir is currently in high demand for the treatment of COVID-19 patients.

    The Aurangabad bench of the high court, comprising Justices Ravindra V Ghuge and Bhalchandra U Debadwar, instead directed the petitioners to approach the police station concerned and register a formal complaint in the case.

    The bench directed the police station concerned to pursue the complaint in accordance with law and register an FIR if its preliminary probe revealed that an offence was made out.

    The court was hearing a plea filed by one Arun Kadu, an agriculturist from Rahuri in Ahmednagar, along with three others, who Vikhe Patil claimed were his political rivals.

    The plea relied on a video circulated on social media which purportedly showed Vikhe Patil boasting that he had procured the anti-viral injections with the help of his contacts in Delhi.

    The petition, filed through advocate Pradnya Talekar, claimed Vikhe Patil had bought 10,000 vials of Remdesivir for the purpose last month.

    The prosecution, however, had claimed before the court that the Ahmednagar civil surgeon deposited the requisite amount for purchasing 1,700 vials and hence, Vikhe Patil had provided the injections.

    According to the prosecution, the petitioners had approached Ahmednagar district collector, superintendent of police and an inspector of Ruhari police station on April 25 through a common complaint.

    They were, however, yet to register a specific complaint against Vikhe Patil with the Ruhari police station or with any other police station concerned, it was stated.

    “It is not disputed that the petitioners have not rendered an independent complaint to the police station concerned against Dr Vikhe Patil for registration of an offence or an FIR,” the court said.

    They agree that a complaint has to be filed in the police station, then the SHO must make a noting in the station diary and then follow the legal procedure on registering an offence, the bench said.

    The court permitted the petitioners to collect requisite data and file a formal police complaint.

    It also directed that the SHO concerned look into the allegations made against Vikhe Patil, and the allegations that the local administration had been shielding the Lok Sabha member.

    The court said it did not wish to get into whether or not the local administration had been protecting Vikhe Patil, but if the police find any truth in such allegations, then the MP would have to face legal procedure.

    “No one is above the law. If on investigation a case for an FIR against Vikhe Patil is made out, he will not be permitted to evade the law,” the court observed.

    It further said orders directing registration of an FIR were not required, since the court was convinced that legal remedies available to the complainant petitioners had not been exhausted.

    “We took cognisance of this issue because we were under the impression that the MP was distributing Remdesivir as if they were chocolates to gain popularity,” the bench said.

    “We direct the SHO concerned to consider the complaint under the CrPC. And we leave it to the SHO to investigate in accordance with the law,” it said.

    The high court said it thought it “pragmatic to not rush to any conclusion or become judgmental” on the basis of the allegations made in the plea.

    “Counting chickens before the eggs have hatched may not be as serious for society at large, but this would be dangerous for courts and the justice dispensation system,” the bench said, adding that it did not intend to do so.

    The HC further said an order directing that the investigation be handed over to the state CID or any other higher investigation agency, as prayed by the petitioners, could be passed only after the court is convinced that even after the complaint was registered, the police were “soft peddling” or evading their duties.

    “The investigating agency will also have to investigate if 10,000 vials or any other amount over and above the 1,700 vials were procured by Dr Vikhe Patil,” it said.

    “In view of the above, we are disposing of the petition. We have permitted the petitioners to present in the complaint the documents or affidavits filed before us, or to prepare a fresh complaint,” it said.

    Vikhe Patil had filed an intervention application through senior counsel Sirish Gupte, seeking that he be heard as a party to the petition since it sought registration of an FIR against him.

    The court, however, said Vikhe Patil could not be made party since he was merely a suspect and not an accused.

    The HC permitted advocate Gupte to withdraw the intervention application.

  • ‘How did you procure Remdesivir surreptitiously?’ HC asks Maharashtra BJP MP

    By PTI
    MUMBAI: The Bombay High Court on Thursday raised objection over BJP Lok Sabha MP Sujay Vikhe Patil allegedly procuring Remdesivir from New Delhi surreptitiously and unofficially and noted the anti-COVID-19 drug is supposed to be distributed equally among needy patients.

    The Aurangabad bench of the HC said while the action of Vikhe Patil, the MP from Ahmednagar in western Maharashtra, might have saved the lives of poor and needy patients, the path he chose was wrong and “this cannot be a Robinhood situation”.

    The court said the entire issue needs to be investigated but it was refraining from doing so at this stage though it pulled up the Ahmednagar district collector for “giving a clean chit” to the Member of Parliament.

    “A wrong path followed is ultimately termed as impropriety. Remdesivir injections are supposed to be used and distributed equally among all and not like this, said a division bench headed by Justice Ravindra Ghuge. We only want to know how he (Vikhe Patil) procured the vials? How did this man procure the Remdesivir vials surreptitiously and unofficially? Justice Ghuge asked.

    The bench was hearing a petition filed by four agriculturists seeking criminal action against Vikhe Patil for alleged unauthorised procurement of 10,000 Remdesivir injections from Delhi and its distribution in Ahmednagar.

    The anti-viral drug, widely used to treat critical coronavirus patients, is in high demand nationwide after the recent surge in COVID-19 cases.

    The court, in its order, noted that the Lok Sabha MP had uploaded video recordings and photographs on his social media account showing him in a charted flight and landing at the Shirdi airport and unloading boxes of Remdesivir.

    The HC directed the state’s Principal Secretary (Home) to provide details of landing and take-off of all private and chartered flights from the Shirdi airport in Ahmednagar district from April 10 to April 25.

    The bench also ordered that CCTV footage of the airport, including the cargo area, be preserved.

    “We would not tolerate any excuse of any footage being lost or the details of the landing and take-off of private flights not available, the court said and posted the matter for further hearing on May 3. The court refused to accept arguments made by advocate V D Hon, who said he was appearing for a few patients who were given the Remdesivir injections procured by Vikhe Patil. We are sure lives were saved and the poor and needy benefitted by the actions of the MP. But this cannot be a Robinhood situation where you steal from one group and distribute among another group,” the court observed.

    The HC said it has been informed that 300 Remdesivir injections were handed over to the Ahmednagar district hospital, while an undisclosed number of vials was given to the Sai Baba trust-run hospital in Shirdi.

    The court said the issue needs to be investigated but said it was refraining from doing so at this stage.

    Though we are at this stage refraining from forming any final opinion and ordering investigation, we are of the prima facie view that the administration is trying to protect the MP, the court said.

    The bench was irked when it was informed by the petitioners advocate, Pradnya Talekar, that on Wednesday Ahmednagar Collector Rajendra Bhosale told the local press that the district hospital had asked Vikhe Patil to procure 1,700 vials of the medicine.

    There seems to be some cover up operation.

    Why is the collector going to the press and giving a clean chit to the MP? This officer (Collector) should be immediately transferred out of Ahmednagar.

    “The collectors duty is towards the citizens or the MP?” Justice Ghuge asked.

    Public prosecutor D R Kale submitted to the court a note prepared by the collector on the issue.

    As per the note, the 1,700 vials of Remdesivir procured by the district government hospital from Vikhe Patil came from a medical firm in Pune and not Delhi.

    The court noted that at this stage it was refraining from forming any final opinion and permitted the collector to file an affidavit clarifying his stand.

    The bench noted that if the local police and administration cannot be trusted with an inquiry, the court would consider directing the CBI or the state CID to investigate the matter.