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Supreme Court today, refused to grant relief to Gautam Gambhir Foundation in terms of an ongoing enquiry by the Drugs Controller, for allegedly stocking and distribution of COVID 19 drugs during the Second wave. Court directed the petitioner to approach the High Court.

A Division Bench of Justice DY Chandrachud and Justice MR Shah, while hearing the matter today, said,

“This is not the case for our interference. An individual cannot distribute medicines like that. These are banned drugs.”

Justice Chandrachud, also being part of the Suo Moto COVID Crisis matter, added,

“People were running helter-skelter to procure drugs, oxygen and then a group of people say that we are distributing on a personal level. That is not on, we cannot permit that”

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: Gautam Gambhir Foundation v. Deepak Singh