The Aurangabad bench of the Bombay High Court on Monday allowed the use of repaired ventilators provided they are supported by stand-by machines.
A division bench of R.V. Ghuge and B.U. Debadwar perused the affidavit by the Centre and said, “We have been told through this affidavit that the ventilators are safe to be used on patients. With proper back-up if they can be used then... if there is some fault, then the patient does not suffer.”
The court was hearing a bunch of petitions and public interest litigations regarding the supply and demand of medicines, oxygen, funds and management by authorities to handle the COVID-19 pandemic. On May 25, the bench was informed that 19 ventilators provided by the Central government had serious flaws.
Additional Solicitor General Anil Singh said if there is some issue with the ventilators they will be taken back and the Research and Development team will work on them.
The court said, “The situation now is crucial. There is black fungus, there is yellow fungus.. God knows how many more colours are there. We hope and pray it stops at yellow... But let us first try to unbox the ventilators, if there is issue, Mr. Singh is saying he will help.”
Mr Singh said, “Let the ventilators be opened, if they can repair the machines, and the repair is minor, then the technicians will work on it immediately; if it is major, then they take it.”
The court then ordered that the non-functional ventilators be segregated and the functional ones be used. The court recorded, “18 out of the 19 dysfunctional ventilators have now been rendered functional after several repairs carried out by the team dispatched by the company.”
On June 10 the court will hear pleas concerning mucormycosis.
