In a bid to ensure that N95 masks are available at affordable rates and there is no hoarding, the Bombay High Court on Tuesday ordered the Union government to consider afresh its pricing policy for the masks. The HC has asked the government to reconsider the rates of N95 masks by taking into account all the factors and laws governing pricing of such essential products.
A bench of Chief Justice Dipankar Datta and Justice Sambhaji Shinde said it would pass appropriate orders if the government fails to reconsider the rates.
The important order was passed while hearing the petitions filed by activists Sucheta Dalal and Anjali Damania, who claimed that the N95 masks were being sold at exorbitant rates and many were hoarding the masks and even black marketing it.
Appearing for the activists, senior counsel Mihir Desai apprised the bench of the fact that there has been an acute shortage of N95 masks for frontline workers. He further argued that it was important for the authorities to cap the exorbitant rates and prevent profiteering by sale of these masks.
The Union government through the National Pharmaceutical Pricing Authority (NPPA) contended that at present there was a mismatch in demand and supply of the N95 masks, and that it was taking all possible measures to ensure its supplies in the country.
"Looking into the limited capacity available in the country for the production of N-95 masks, any price capping at this stage may disincentivise domestic manufacturing which may impact the availability of N-95 masks to meet the challenge of COVID-19," the government claimed.
The NPPA further claimed that the demand of N95 masks are higher globally, and price capping for the same at this stage may also prove deterrence to imports and this may lead to diversion of N-95 masks supplies to other countries.
Having heard the contentions, the bench opined that the government must consider the issue afresh, and this time by taking into account the laws for pricing essential products.
"Either you consider the matter afresh, else we shall pass appropriate orders," the bench said.
At this, additional solicitor general Anil Singh, appearing for the Union government, assured the bench that the issue would now be reconsidered.