‘Not the way’: Delhi HC orders probe by drug controller against Gautam Gambhir, others in hoarding case

Delhi High Court on Monday said Bharatiya Janata Party (BJP) leader Gautam Gambhir may have essential medicines to treat patients of the coronavirus disease (Covid-19) in the national capital in his possession but it was “no way” of going about it and that he has done "disservice" by stocking the drugs which were in short supply. “We are not doubting his intentions. But what has happened… The way he has gone about it, he has done a disservice. Ten other people would stand up and say we will also adopt this modus operandi. This was not the way,” the bench of justice Vipin Sanghi and justice Jasmeet Singh said. "..With the best of the intentions they remain malpractice and in our society we cannot permit this," the court said. 

The court directed Delhi's drug controller to conduct a probe in the allegations and submit a report within one week. It was hearing public interest litigation (PIL) seeking lodging of a first information report (FIR) over the allegations that politicians could procure in huge quantities and distribute Covid-19 medicines even as families of patients were running from pillar to post to get the drugs.

The bench said Gambhir, who represents East Delhi in the Lok Sabha, must have done it with best of intention but he knew that the medicine was in short supply. “Is that responsible behaviour? Should he not have realised that medicines are in shortage for others. He even has some stocks now. This means that when people were running helter-skelter, he was having it in excess. When people were not getting medicines, should he not have thought about this? Many people would have suffered because of this. This was no way,” it said.

The court on May 7 directed Delhi Police to carry out an investigation in the alleged hoarding of oxygen cylinders even as it refused to direct the Central Bureau of Investigation (CBI) to probe the case acting on a plea by a person, Deepak Singh. Delhi Police cleared nine politicians, including Gambhir, Indian Youth Congress (IYC) president BV Srinivas, as well Dilip Pandey of the Aam Aadmi Party (AAP), in its preliminary investigation report for alleged hoarding of oxygen cylinders, as well as other essential medicines during the second wave of the coronavirus pandemic.

“We would like you to tell us what inquiry you have done. We are not going in other things because the material is not clear. Here a clear case is made out. We want you to tell us what action can be taken against such people, everyone in the chain,” the bench said on Monday. 

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“We want to pursue this only with respect to Fabiflu. Otherwise, it will be a witch hunt. We want to see the prescription of the doctor and the offences that are made out and to take actions accordingly,” it added.

The bench said three instances of Gambhir, the AAP’s Preeti Tomar and AAP MLA Praveen Kumar deserve to be inquired by the drug controller of Delhi. It is also disclosed that said 2862 strips were purchased from authorised vendor. "The aspect which needs to be examined is that how such a large quantity of medicine was issued by the authorised vendor against one prescription dated April 18 particularly when the said medicine was in grave short supply at the relevant point of time," it said.

“We can take judicial note of this aspect as we have been hearing these matters for some time. It would also need examination as to how these medicines which were purchased from retail were given to the patients by Manish Garg or the Garg Hospital.”

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“Since the actions are in violation of the Drug Controller Act, let all the material collected by Delhi Police be given to them. The Drug Controller shall take necessary query/investigation and file a status report,” it said.

“Status Report should indicate the provisions violated and the persons liable thereof. Similarly, in relation to Praveen Kumar and Preeti Tomar, we have perused the report for their alleged conduct of medical oxygen, similar exercise for them as well and include its finding in the SR to be filed within a week,” it added.

It also ordered Delhi Police to share relevant material with the drug controller. “We direct the law department of the Delhi government to ensure that necessary expertise is provided to the drug controller to carry out their duties,” it said.

Gambhir, on his part, has denied the allegations. He said the Gautam Gambhir Foundation had organised a free medical camp between April 22 and May 7 to provide assistance to people suffering from Covid-19. The cricketer-turned-politician said that the camp was organised by a doctor, who had volunteered his services.