No Action Against Those Involved In Free Distribution Of Medical Oxygen During Covid Second Wave: Delhi Govt Tells High Court

The Delhi Government has informed the Delhi High Court that it has decided to not take any action or launch prosecution against those who were involved in free distribution of medical oxygen to covid 19 patients during the second Covid wave that hit the national capital in months of April and May this year.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was also informed that the Delhi Government wishes to withdraw the Prosecution launched against such persons or organisations who were involved in free distribution of medical oxygen to covid patients without any wrongful intention.

The development came after the Court had last week pulled up the Drug Controller of the Delhi Government for initiating prosecution against AAP MLA Praveen Kumar for procuring medical oxygen after observing that such an action cannot be initiated in a situation where both Centre and the Delhi Government failed to provide sufficient oxygen to people.

"The State, both GNCTD and Union, failed in providing sufficient oxygen to people in Delhi. There were some Samaritans who provided oxygen. You can't prosecute them," the Court had said.

The Court had also said that the issue of medical oxygen is different from the issue of hoarding of Covid-19 drugs.

During the course of hearing today, Senior Advocate Rahul Mehra appearing on behalf of the Delhi Government submitted before the Court that a "sympathetic view" has been taken by the Government in the matter. A status report filed under the name of Delhi Health Minister, Mr. Satyendra Jain was also put on record.

Calling the decision a "fair approach", the Court ordered thus:

"The said status report depicts a very fair approach to the issue as to in what cases prosecution should be launched or continued in relation to procurement and distribution of medical oxygen cylinders during second wave of covid 19 pandemic which hit the GNCTD in months of April and May 2021."

Looking at the said development, the Court disposed of the petition.

Earlier, the Court had directed the Drug Controller to conduct inquiry or investigation into three specific allegations against BJP MP Gautam Gambhir and other AAP MLAs for hoarding and illegally stocking Covid-19 medicines and drugs.

The Drugs Control Department had then informed the Court that it had launched a prosecution in the Court of law against Gautam Gambhir Foundation, its trustees and CEO as well as AAP MLAs Praveen Kumar and Imran Hussain on July 8 for contravening the provisions of Drugs & Cosmetics Act , 1940.

The concerned PIL was filed seeking registration of FIRs against leaders of political parties indulging in hoarding and illegally distributing covid 19 medicines denying the access to the said medicines to the public at large.

"Political parties, most of which are invariably headquartered in Delhi are taking advantage of their political powers and are giving patronage to medical mafia. This complementary relationship is at the cost of lives of thousands of citizens of India, who are dying due to unavailability of critical medicines," the petition read.