The Delhi High Court Monday declined to entertain a plea alleging there was rampant manufacture of sub-standard PPE kits and seeking action against the entities involved.
A bench of Chief Justice D N Patel and Justice Prateek Jalan said that the petitioner has not indicated one example of such activity and directions cannot be issued on his word that there is "rampant manufacture" of sub-standard personal protective equipment (PPE) kits.
The court further said there were already several guidelines issued by the Centre for regulating manufacture, sale and import of PPE kits and therefore, "we are not inclined to entertain the petition".
The court also noted that several labs have been set up by the Centre for testing the PPE kits.
The bench also said that had there been a respondent entity/company which has violated the guidelines, then notice could have been issued and samples of kits manufactured by it could have been sent for testing.
As and when such litigation is initiated before an appropriate forum, it will be dealt with in accordance with law, rules, regulations and government policy on such matters.
The court granted the petitioner, advocate Amit Jain, the liberty to move a representation before the appropriate authority highlighting his grievances.
Jain had sought regulation of the import, manufacture and sale of PPE kits under the Drugs and Cosmetics Act of 1940.
He had contended that due to increase in COVID-19 cases there was a greater demand for such kits, leading to manufacture and sale of sub-standard protective equipment which is a threat to healthcare workers and others on the frontline in the battle against coronavirus.
He claimed during the hearing that there were several news reports of manufacture in of sub-standard kits, but the Centre was not taking any action.