Centre can intervene in pricing of COVID-19 vaccine: SC

Supreme Court
Photo: IANS

New Delhi: Centre has the right to intervene in the pricing of COVID-19 vaccine, the Supreme Court of India said on Tuesday, citing the Drugs Control Act.

'When will the government exercise this right if not during an emergency,' the court asked.

Drug companies are currently engaging in differential pricing of the vaccine, it pointed out.

The three-judge bench of Justices DY Chandrachud, LN Rao and Ravindra S Bhat was considering COVID-related problems after taking it up last week.

The Court wanted a clarity on the steps taken by the Centre to ensure the vaccine availability, Supreme Court Justice Chandrachud said.

"During national crisis, Supreme Court cannot be a mute spectator. The role of the Supreme Court is complimentary in nature. The issues which travails state boundaries is what this court will look into and thus Article 32 jurisdiction has been assumed," the court observed.

The apex court has asked the centre to clarify in its affidavit the basis and rationale adopted in regard to the pricing of vaccines. Solicitor General Tushar Mehta sought time till Friday to file the affidavit.

It also appointed Senior Advocates Jaideep Gupta and Meenakshi Arora as amicus curiae to assist the court in the suo moto case on COVID issues.

Vedanta allowed to operate closed oxygen plant

The Supreme Court on Tuesday allowed Vedanta to operate its closed oxygen plant at Tuticorin in Tamil Nadu, saying the order has been passed in view of "national need" for oxygen.

A bench of Justices D Y Chandrachud, L Nageswara Rao and S Ravindra Bhat said Vedanta shall not be allowed to enter and operate its copper smelting plant under the garb of this order.

The top court said there should be no political bickering over the generation of oxygen by Vedanta as the country is facing a national crisis.

It said the order allowing Vedanta to operate its oxygen plant would not create any equity in its favour.

The apex court asked Tamil Nadu to form a panel, including the district collector and the Tuticorin superintendent of police, to monitor activities at Vedanta's oxygen plant. On April 23, the top court had said people are dying due to lack of oxygen, and questioned the Tamil Nadu government on why it can't take over Vedanta's Sterlite copper unit at Tuticorin, closed since May 2018 over pollution concerns, for producing oxygen to treat COVID-19 patients.

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