New Delhi: The Supreme Court refused to stay the proceedings against Bharatiya Janata Party MP Gautam Gambhir in the case where is accused of hoarding Fabiflu and oxygen for distribution during the second wave of COVID 19.
The bench comprising of Justice DY Chandrachud and Justice MR Shah asked Gambhir to approach the Delhi High Court and said that they do not want to intervene in the matter. The court observed that individuals cannot hoard and distribute like this through a trust and then everyone will hoard.
"We did not want to say this but we also have our ears to the ground," said Justice Chandrachud. He said that when people were running "helter-skelter" for medicines, oxygen, etc suddenly a trust comes and says that it will provide it. The apex court asked Gambhir to seek the Delhi High court and seek appropriate remedy.
Reports said, Kailash Vasdev, senior advocate, appearing for the Gambhir's foundation sought stay on prosecution under the Drugs and Cosmetics Act. As the bench refused to stay, the petition was reportedly withdrawn by the counsel for the Gambhir's foundation.
The Delhi HC was earlier informed by the drug controller of Delhi government that Gambhir's foundation was found guilty of unauthorizedly stocking, procuring and distributing the Fabiflu medicine to COVID-19 patients. The HC also curtly passed remarks on genuine patients been denied medicine while the bulk stock was hoarded by cricketer-turned-politician Gambhir.
The court was informed that action will be taken against AAP MLA MLA Praveen Kumar, guilty of similar offences under the Drugs and Cosmetics Act. A PIL was filed in the HC seeking FIR registration on allegations that politicians were able to procure and distribute Covid medicines in bulk quantity while patients were struggling to get it, as per reports.
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