Beyond Scope Of Knowledge Whether Actions Of Gautam Gambhir Foundation In Procuring COVID 19 Drugs Were For Charitable Service Or Political Gain: Delhi HC Told

The Delhi Drugs Control Department has informed the Delhi High Court that it is beyond the scope of it's knowledge as to whether the actions of Gautam Gambhir Foundation in illegally procuring, stocking and distributing Covid 19 drugs during the second covid wave were for charitable service or political gain.

The counter affidavit has been filed in the petition moved by Gautam Gambhir Foundation, Seema Gambhir, Gautam Gambhir, Natasha Gambhir. The plea challenged the summoning order passed by the trial court and also the criminal complaint against the foundation.

The State Drugs Control Department has told the Court that the Gautam Gambhir Foundation had stocked, distributed Favipiravir tablet and other medicines in an unauthorised manner which was not permissible in law.

Praying that the petition must be dismissed, the counter affidavit states thus:

"…. it is submitted that the exemption from prosecution has been provided only with regard to the supply of medical oxygen and the same benefit would be available to the Petitioner. However there is no exemption for illegal stocking and distribution of other drugs. It is beyond the scope of the knowledge o f the Respondent weather the actions of the Petitioners were for charitable purposes or political gain."

The Department has also stated that it would be wrong to suggest that anyone approached the Foundation for any assistance and that there was no basis to suggest that the Delhi's Health Department had failed to address the shortcomings amid the covid 19 pandemic.

"The Petitioners statement that he organized the health camp with Garg Hospital was belied by the Garg Hospital doctors and the Petitioner cannot take advantage of his own false statement and misleading of the facts of the case. The Department has acted fairly and in furtherance to the evidence and statements collected," it added.

The Drug Controller of Delhi Government had launched a prosecution in the Court of law against Gautam Gambhir Foundation, it's trustees and CEO on July 8 for contravening the provisions of Drugs & Cosmetics Act, 1940.

Additionally, prosecution was launched against two Aam Aadmi Party MLAs namely Praveen Kumar and Imran Hussain over similar allegations.

An inquiry was made by the investigating team in respect of specific allegations against BJP MP Gautam Gambhir and AAP MLAs for hoarding and illegally stocking Covid-19 medicines and drugs while conducting free medical camp.

The High Court had in September this year stayed the trial court proceedings against BJP MP Gautam Gambhir, his Foundation, and other persons in the case concerning alleged hoarding and illegal distribution of Covid-19 drugs during the second wave.

While the matter was slated for hearing today, the same could not be heard as Justice Rajnish Bhatnagar was on leave.

Title: Gautam Gambhir Foundation & Others v. The State through Drugs Control Department