New Delhi, Jul 26(ILNS) The Supreme Court today refused to stay the prosecution against BJP MLA Gautam Gambhir and his organization Gautam Gambhir Foundation for illegal procurement, hoarding of Oxygen and medicines related to COVID19 including Remdesivir, Fabiflu.
A divisional bench of Justice DY Chandrachud and Justice MR Shah refused to stay the order of the Delhi High Court which had found Gambhir guilty of the offence and said, “People were running halter seltzer looking for oxygen, Remdesivir and then there appears a Trusts of social standing saying we can provide it.”
The plea has been filed challenging the order of the Delhi High Court which had said,“However, in respect of the status reports relating to Mr. Gautam Gambhir, MP, and Mr. Praveen Kumar, MLA, we are completely dissatisfied and it appears to us that the Drug Controller has not even appreciated the legal aspects which should have been examined in the context of The Drug & Cosmetics Act and the Rules framed thereunder.”
However, Senior Advocate Kailash Vasdev appearing for Gautam Gambhir Foundation submitted, “The first report says we have not done anything wrong.”
“This is not done. We do not want to say anything but we also have our ears to the ground,” the bench observed while refusing to entertain the plea.
At the outset Justice Chandrachud said, Mr Vasdev At the highest you may have the grievance that you were not a party in the High Court.”
Justice Chandrachud further stated that in the second report both the distributors and the GGF have committed the offence. You can get yourself impleaded before the High Court.
A PIL was filed before the High Court that FIR should be lodged against politicians who 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 high court had condemned the manner in which a huge quantity of the drug was procured by the influential persons saying, “genuine patients who needed the medicine at that particular time could not get it as the bulk stock was taken away by cricketer-turned-politician Gambhir.”
The Delhi High Court bench headed by Justice Vipin Sanghi observed, “…it has not been examined, as to how the Gautam Gambhir Foundation could have procured the drug Fabiflu from the license dealers/retailers between April 22, 2021 and April 29, 2021.”
Senior advocate Kailash Vasdev, appearing for the foundation, sought a stay on the prosecution under the Drugs and Cosmetics Act.
The Delhi government”s drug controller had earlier informed the Delhi High Court that Gautam Gambhir Foundation has been found guilty of unauthorisedly stocking, procuring and distributing the Fabiflu medicine to COVID-19 patients.
AAP MLA Praveen Kumar has also been found guilty for similar offences under the Drugs and Cosmetics Act and action will also be taken against him, the court was informed.
The Court refused to stay the prosecution against the petitioners and allowed Mr Vasdev to withdraw the petition. The Court asked the petitioners to approach the Delhi High Court and seek appropriate remedy. /ILNS/GM/SNG