When the representative for the FDA was unable to make a submission in this regard, the bench asked, “You are not aware? You should have all these figures on your fingertips.” It asked the agency what the point is of uploading the data on its website everyday if it is unable to make a statement in court.
The bench remarked, “They should have this information. One doesn’t know why they are playing hide and seek if data is uploaded everyday on the website.”
Justice Gharote remarked that the agency is ‘total blank’ on the matter. On being queried till what date the updating has been done, it was informed by the FDA representative that it is updated till 4 May. On being asked further what the situation till 4 May is, the representative could not make a statement and the court said, “Very very sorry state of affairs. Daily if the data is uploaded on your website, then it is a click of a button. If you are not aware, then imagine the plight of the common man. He will be at a loss to understand what the figures are.”
Advocates representing pharmaceutical companies then made submissions that they have made the due compliance of supplies till 9 May, except one which said it is due to supply over 6,700 of them around 80,000 Remdesivir vials and would be doing so by 16 May.
The bench then directed that the FDA should confirm and inform it accordingly if the pharmaceutical companies have indeed complied.
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