Read Time: 04 minutes

The Delhi High Court on Monday stayed the Trial Court proceedings against BJP MP Gautam Gambhir and his foundation for alleged stocking and distribution of COVID 19 drugs during the Second wave.

The single Judge bench of Justice Rajnish Bhatnagar issued notice in the plea filed by Gautam Gambhir Foundation, Seema Gambhir, Gautam Gambhir, Natasha Gambhir against the summons order passed by the trial court and the criminal complaint filed against the foundation.

Earlier the Supreme Court Division bench of Justices DY Chandrachud and MR Shah had  refused to grant relief to Gautam Gambhir Foundation in terms of an ongoing enquiry by the Drugs Controller.

On May 24, A Division Bench of Delhi High Court, directed Drug controller to investigate the procurement and distribution of 2628 strips of Fabiflu by BJP MP Gautam Gambhir.

“Mr. Gautam Gambhir may have done it with the best of intentions to help the state but it is in no way that actions cannot be taken due to this…. Our concern is... is it a responsible behaviour when there is such a shortage of supply of the medicine? If he wanted to help, he should have funded instead,” the bench orally remarked.

Advocate Virag Gupta, before the High Court of Delhi, submitted that 2628 strips of Fabiflu was procured by Gambhir on a single prescription of Dr. Sanjay Garg of Garg Hospital and 285 strips were left after distribution which have been submitted with the Director General of Drug Controller. 

It was added that an investigation is required to look into the nexus between politicians and distributors who were procuring the medicines and distributing among people who they know, when there is shortage of the drug in markets.

The Court had also asked the Drug Controller to investigate the case of hoarding of Oxygen Cylinders by AAP MLAs Preeti Tomar and Praveen Kumar.

On June 4, Drug Controller informed the Delhi High Court that Gautam Gambhir Foundation was guilty of hoarding Fabiflu in contravention of the Drugs and Cosmetics Act.

Case Title: M/S Gautam Gambhir Foundation v. GNCTD through Drug Controller