‘Name dropping won’t work’: Delhi HC raps Gautam Gambhir Foundation in Covid drug distribution case
The complaint in the case alleged unauthorised stocking and distribution of a Covid drug during a medical camp held by the foundation during the Covid second wave. Also arraigned as accused were GGF trustees — including Gambhir.
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In September 2021, the HC had stayed proceedings in a criminal complaint filed by Delhi’s Drugs Control Department against GGF before a Rohini court. (File Photo)Expressing displeasure over ‘name-dropping’, the Delhi High Court Monday refused to stay criminal proceedings against the Gautam Gambhir Foundation (GGF) and its members — including Indian cricket team head coach Gautam Gambhir — in a case involving the unlicensed distribution of drugs during the Covid-19 pandemic in 2021.
In September 2021, the HC had stayed proceedings in a criminal complaint filed by Delhi’s Drugs Control Department against GGF before a Rohini court. The complaint, filed under the Drugs and Cosmetics Act, alleged unauthorised stocking and distribution of a Covid drug during a medical camp held by the Foundation during the second wave of the pandemic in Delhi.
Also arraigned as accused in the complaint were GGF trustees — Gautam Gambhir, then BJP MP; his wife Natasha Gambhir; his mother Seema Gambhir, and CEO Aparajita Singh. The Drugs Control Department had alleged that the GGF did not hold a licence for stocking or distributing the drugs, including medical oxygen, in contravention of provisions of the Drugs & Cosmetics Act, 1940 & Rules.
The accused’s lawyer sought an adjournment this year. In an order on April 9, Justice Neena Bansal Krishna had vacated the interim stay and had listed the matter for further arguments before the HC on November 26.
On Monday, seeking a restoration of the stay, the Foundation and its trustees’ lawyer, Jai Anant Dehadrai, pointed out that the next date before the trial court is now on September 8 and requested that the accused be protected till the HC takes up the matter next in November.
Referring to Gambhir, Dehadrai pleaded, “Please see who I am, I’m a former captain of the Indian team, a former MP… Offence alleged is I, through my Foundation, distributed drugs for charitable purposes during Covid-19… My wife and aged mother will be summoned (by the trial court) if (proceedings) not stayed… they will be summoned for charitable work… Delhi health system had collapsed at the time, I was providing drugs and oxygen… surely that should count for something?”
Justice Krishna, however, orally remarked, “And thus exonerated?… Don’t try to impress us with what is irrelevant… trying name dropping as if it will work in court… it doesn’t work… instead of saying there was no licence (to distribute drugs), you’re trying to say a b c d.”
Justice Krishna also pointed out that he is seeking restoration on the stay, four months after the order was passed.
Refusing to restore the stay, the court has now kept the matter next for consideration on August 29.
The GGF, Gambhir and the other accused are seeking quashing of the complaint filed under Section 200 CrPC before the magistrate court.
In May 2021, the BJP had said in a statement to Delhi Police that from April 22 to May 7 that year, the GGF organised a free medical camp at Jagriti Enclave to assist people suffering from Covid.
Two probes were initiated by the Delhi Police, which had then given a clean chit. However, the Delhi government, through its drug inspector, had filed a complaint in relation to the incident before the magistrate court, alleging unlawful distribution of Covid drugs like Fabiflu and oxygen.
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