New Delhi: The Supreme Court on Monday refused to entertain a plea seeking stay of proceedings against BJP MP Gautam Gambhir's foundation in a case relating to illegally procuring and distributing COVID-19 medicines. The case came to light during the brutal second wave of the Covid-19 pandemic in Delhi when he had announced that his office would be giving out free Covid medicines when people were already running helter-skelter for it.
Justice DY Chandrachud and MR Shah on Monday stated that while people were running around for medicines and drugs, the foundation came in suddenly and stated that they will provide the medicines. According to them, this was unfair and not done. They also added, "We have our ears to the ground and understand the situation, we do not want to say anything." They have refused to entertain the plea by the foundation.
The cricketer-turned MP, Gambhir had stocked the medicine at a time where genuine patients were struggling to find any leads. The foundation hoarded medicines and was found guilty of unauthorisedly stocking, procuring and distributing the Fabiflu medicine to COVID-19 patients by the Delhi Government's Drug controller's office, which had filed a report on Gambhir's actions and those of other political parties in the Delhi High Court.
The second wave was particularly brutal on the citizens of India, patients and their families were running from one end to another in order to procure hospital beds, oxygen, medicines and more. Platforms like Twitter, Instagram and Whatsapp were being actively used in order to find leads when hospitals and other official spaces ran out of them. The mass storage of an important medicine like Fabiflu by the foundation during this period resulted in a lot of trouble for people who genuinely required it, the report had concluded.
The Apex court asked the petitioner to approach the Delhi High Court and seek appropriate remedies. Senior advocate Kailash Vasdev, appearing for the foundation, had sought a stay on the prosecution under the Drugs and Cosmetics Act. On sensing disinclination of the bench, the counsel for the Gambhir's foundation went ahead and withdrew the petition.
AAP MLA Praveen Kumar has also been found guilty of similar offences under the Drugs and Cosmetics Act and action will also be taken against him, the court was informed.
The high court was hearing a PIL seeking lodging of an FIR on the allegations that politicians are able to procure and distribute in huge quantities the COVID-19 medicines even as patients were running from pillar to post to get them. The Drug Controller had been reprimanded by the high court for its first report in the matter — which had given a clean chit to all politicians. The second report was able to find culpability with politicians of AAP, INC and BJP.