Punjab and Haryana High Court permits import of ventilators

Tribune News Service

Chandigarh, May 31

Amidst an increasing number of Covid-19 cases, the Punjab and Haryana High Court has allowed the import of ventilators after holding that the denial of permission to bring in the life support systems was against the patients’ interests when deaths were taking place.

Delay will be fatal

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Thousands of people, who are lying admitted, are not getting oxygen or ventilators… any delay by the administration in providing the ventilators shall definitely result in fatalities. HC Bench

The Bench of Justice Jitendra Chauhan and Justice Vivek Puri added that the “State ought to have facilitated import of the ventilators” when thousands of people were lying in the hospitals. Noting that a petition on the issue was filed almost a year back, but the grievance was yet to be addressed, the Bench also described the “extreme technicality” as “highly deplorable” in difficult the times of pandemic.

“Thousands of people, who are lying admitted, are not getting oxygen or ventilators, which is very vital for the treatment of Covid patients. The oxygen and ICUs are required here and now. Any delay by the administration in providing the ventilators shall definitely result into fatalities,” the Bench asserted.

The direction and the observations came on a petition filed against the Union of India and other respondents by M/S SB Medical Systems. The Bench asserted the nation was witnessing a “huge number of deaths everyday” and “certain deaths have happened for want of ventilators”.

“Therefore, we order that the import of ventilators in question be allowed without further delay, in case the same carry certification from the manufacturer”, the Bench added, while making it clear that the same were required to be inspected for quality.

Elaborating, the Bench directed the petitioner to inform the competent authority within 24 hours of receiving the ventilators for quality inspection. This, the Bench clarified, was in the larger interest of the patients and to ensure that the ventilators were as per specifications prescribed by the competent authority.

The authority, on receiving the information, would depute official concerned to determine whether the ventilators were fit to be utilized. In case the ventilators were found to be deficient as per the specifications laid down by the Government of India, the same would not be put to use. “It will be only after the certification by the competent authority, the ventilators in question be put to use,” the Bench asserted, while fixing the case for June 29.