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Delhi HC Clears Gautam Gambhir in COVID Drug Case—What It Means

The Delhi High Court has cleared Gautam Gambhir and his family in the COVID drug hoarding case. Justice Neena Bansal Krishna set aside the criminal complaint and summoning orders. The Foundation argued they distributed medicines free during the pandemic's peak. This ruling could also affect similar cases against AAP MLAs.

Key Points: Delhi HC Quashes COVID Drug Case Against Gautam Gambhir Family

  • Delhi HC quashed criminal proceedings against Gautam Gambhir Foundation and trustees
  • Foundation argued medicines were procured legally and distributed free
  • Prosecution alleged unauthorized procurement of Favipiravir without licenses
  • Ruling may impact similar cases against AAP MLAs Praveen Kumar and Imran Hussain
2 min read

Delhi HC quashes case against Gautam Gambhir, family over alleged hoarding of COVID drugs

Delhi High Court quashes criminal case against Gautam Gambhir Foundation over alleged hoarding of COVID drugs during second wave. Justice Neena Bansal Krishna sets aside summons.

"Complaint case quashed - Justice Neena Bansal Krishna"

New Delhi, Nov 21

The Delhi High Court on Friday quashed the criminal proceedings initiated against the Gautam Gambhir Foundation and its trustees in connection with allegations of unauthorised stocking and distribution of COVID-19 medicines during the second wave of the pandemic.

A single-judge Bench of Justice Neena Bansal Krishna allowed the petitions filed by the Foundation, former cricketer and current India head coach Gautam Gambhir, and other family members, setting aside both the criminal complaint and the summoning orders issued by the Metropolitan Magistrate.

“Complaint case quashed,” Justice Krishna declared while pronouncing the verdict. The detailed judgment is awaited.

The proceedings had been earlier stayed in September 2021, but were revived earlier this year after an interim protection was vacated.

The petitioners argued that the Foundation had procured medicines from authorised vendors and distributed them free of cost in medical camps at the height of the pandemic. They said that there was not a single allegation of sale, profiteering, or diversion of essential drugs, adding that the initiative was purely charitable in nature.

It was submitted that the criminal complaint proceeded on misplaced assumptions despite the Delhi High Court’s direction that the Drug Controller must prosecute only those whose conduct led to blocking or choking the supply chain of COVID-19 medicines.

The prosecution, based on an inquiry conducted by the Drugs Control Department, alleged that the Foundation and its members procured Favipiravir (FabiFlu) and other COVID-19 drugs without the requisite licences, in violation of the Drugs and Cosmetics Act, 1940.

The Drugs Controller had earlier informed the High Court that the Foundation was “guilty of unauthorised procurement”.

The trial court subsequently took cognisance and summoned Gambhir, his wife Natasha, his mother Seema, and the Foundation’s officials.

In 2021, when the Foundation approached the Supreme Court challenging these proceedings, the apex court refused to interfere and directed it to seek relief from the Delhi High Court, remarking: “People were running helter-skelter for medicines. Suddenly, a trust says it will distribute drugs. This is not done.”

The Delhi High Court ruling is expected to have a favourable bearing on the parallel prosecutions launched against the then two Aam Aadmi Party MLAs, Praveen Kumar and Imran Hussain, over similar allegations of stocking COVID-19 medicines during the crisis.

- IANS

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Reader Comments

R
Rohit P
While I appreciate the help during COVID crisis, the Supreme Court's initial observation was correct - private entities shouldn't be hoarding essential medicines. There has to be proper procedure. The law should apply equally to everyone, whether celebrity or common man.
A
Ananya R
My family received FabiFlu from one of their camps when my father was critical. We couldn't find it anywhere else. Sometimes in emergencies, rules need to be interpreted differently. Thank you Gambhir ji for stepping up when we needed help the most! 🇮🇳
S
Sarah B
As someone who lived through Delhi's COVID nightmare, I remember how chaotic things were. While I understand the legal concerns about proper licensing, the reality was that people were dying waiting for medicines. Sometimes humanitarian efforts should be viewed differently.
V
Vikram M
Interesting that this ruling might help AAP MLAs too. Shows the court is applying consistent legal principles. The key point is there was no profiteering - medicines were given free. That makes all the difference between helping people and black marketing.
K
Karthik V
The Drugs Controller should focus on actual black marketers who charged 10x prices during COVID. Not those who were trying to help. So many politicians and celebrities did similar work - why single out Gambhir? Selective targeting isn't right. 🤔

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