July 27, 2021 12:54:38 am
The Supreme Court on Monday declined to stay the proceedings initiated by the Delhi Drugs Controller against the foundation headed by BJP MP Gautam Gambhir for allegedly procuring and distributing Covid-19 drugs.
Refusing to entertain the plea, Justice D Y Chandrachud, heading a two-judge bench, observed, “We read the papers. People were going helter skelter to procure drugs during the second wave. And then suddenly one person started distributing drugs. This is not done”.
Senior advocate Kailash Vasudev, appearing for the foundation, sought a stay of the prosecution under the Drugs and Cosmetics Act, 1940.
But the bench, also comprising Justice M R Shah, said, “You can pursue your remedies in the High Court. But we cannot help you. How can we stay the process?”
‘It’s a process you have to go through. You are in public life,” added Justice Shah.
The court asked the senior counsel to get impleaded in the proceedings pending before the HC, following which he sought permission to withdraw the plea. The court allowed this.
Hearing a PIL which alleged that politicians were able to procure and distribute Covid medicines in large quantities, the HC had in May asked the Drugs Controller to look into allegations of unauthorised distribution of Covid drugs by Gambhir and some AAP MLAs.
The HC said that Gambhir may have done it genuinely to help the needy and that “even with the best of intentions, they are malpractices”.
Subsequently, the Drugs Controller informed the HC that it had launched prosecution against the foundation, its trustees and CEO, along with AAP MLAs Praveen Kumar and Imran Hussain on July 8 for contravening the provisions of Act.
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