New Delhi: The Delhi high court on Monday, September 20, stayed criminal proceedings against the Gautam Gambhir Foundation (GGF) for the alleged illegal stocking and distribution of COVID-19 drugs during the second wave of infections in April of this year, Bar and Bench reported.
The complaint had been filed by the Drug Control Department of Delhi before the Rohini trial court in the national capital. The complaint had come following the directions of the high court to inquire into allegations of politicians buying COVID-19 drugs amidst a shortage in the area. These directions had been issued on a petition filed by one Dr. Deepak Singh, which sought for FIRs to be lodged against the politicians in question.
Also read: HC Asks Drug Controller To Inquire Into Gautam Gambhir Buying COVID Medicines in Bulk
The stay order, issued by Justice Rajnish Bhatnagar, came while hearing a petition filed by the GGF to quash proceedings against it and its members. The court also issued notice to the Drug Control Department, seeking a reply and listed the matter for further hearing on December 8.
The GGF had organised medical camps in Delhi’s Jagriti Enclave between April 22 and May 7 of this year. In a statement given to the police by the BJP, it was noted that the camps had been set up to “provide assistance to people suffering from COVID”.
According to a status report filed by the Delhi police, the foundation had purchased 2,628 strips of ‘Fabiflu’, a medicine used for treating COVID-19 patients. 2,343 strips were distributed to patients, remaining 285 strips were deposited with the Delhi government’s director general of Health Services for distribution.
Following enquiries made by an investigation team of the Drug Control Department, proceedings were initiated in the Rohini court on July 8, against the foundation, its trustees – Gautam Gambhir, his wife Natasha Gambhir, his mother Seema Gambhir – and its CEO Aparajita Singh.
These people were found to have contravened Section 18 (c) of the Drugs and Cosmetics Act, 1940 (Prohibition of the sale or manufacture of certain drugs without a license issued for such a purpose), which is punishable under Section 27 (b) (2) of the same Act (where the punishment is imprisonment for a term not less than three years, which may be extended to five years and a fine of at least one lakh rupees or three times the value of the drugs confiscated, whichever is more).
Senior advocate Atmaram N.S. Nadkarni, on behalf of the petitioners, argued that there was no element of sale and the medicines were not stocked in order to make a profit. As such, he argued that distribution or stocking by itself should not amount to an offence, the Indian Express reported.
The petition itself, filed through advocate Jai Anant Dehadrai, argued that, given the prevailing circumstances of the pandemic, the “community support and charity services” which the foundation was providing through the medical camps ought not to have been penalised.
The petition also claims that the public health infrastructure in the state had collapsed on account of the state government. It also states that, initiating criminal proceedings against social workers who “went over and above their call of duty” to provide this service to citizens would be a “gross miscarriage of justice”.
The foundation had earlier sought a stay on the criminal proceedings before the Supreme Court. However, the bench of Justices D.Y. Chandrachud and M.R. Shah had refused to grant a stay on the matter and had asked the petition to approach the Delhi high court to seek the appropriate remedy.