The Supreme Court also asked the Centre to file an affidavit stating the basis and rationale adopted in regard to the pricing of vaccines.
The Supreme Court on Tuesday said its suo motu proceeding on devising a national policy for Covid-19 management is not meant to supplant cases being heard by the high courts, but added that the top court cannot be a “mute spectator” at the time of national crisis..
A bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat, which is hearing the suo motu case taken up by it in relation to oxygen, medicines and vaccines against Covid-19, said it did not want to prevent any high court from exercising its power but would rather play a “complimentary role and help in issues they are not able to look into”.
“The High Courts are in better position to look into it, but Supreme Court too has to intervene as there may be national or systemic issues and that at time of national crisis Supreme Court cannot be mute spectator,” the bench said.
To this, Solicitor General Tushar Mehta replied, “Centre would never oppose any constitutional court whether it be High Court or Supreme Court. We are not questioning anyone jurisdiction. You have to examine steps taken by us. There are certain issues of perception.”
The court also appointed senior advocates Jaideep Gupta and Meenakshi Arora as amicus curiae to assist it in the case.
The Supreme Court also raised the issue of differential pricing of vaccines by different manufacturers and asked if something is being done about it. “Regarding pricing on vaccination different manufacturers is quoting in different prices. There are powers under Section 6 of Patents act. This is a pandemic and a national crisis. If this is not there then please put all of this before hearing,” the SC said, the Bar and Bench reported.
The SC also asked the Centre to file an affidavit stating the basis and rationale adopted in regard to the pricing of vaccines. The apex court said that the Centre should also mention the steps taken for enhancement of critical medical requirements, including Covid beds, and to ensure due availability of essential drugs including Remdesivir and Faviprivir, the Live Law reported.
Stating that many persons assisting him are affected with Covid-19, Solicitor General Tushar Mehta then sought time till Friday to file the affidavit.
The bench also directed the state governments to file affidavits by 6 pm on Thursday on the infrastructural facilities to fight Covid. The bench said it would list the matter for hearing at 12 pm on Friday.
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