Responding to Gautam Gambhir’s plea to stop the prosecution of the BJP member, the Supreme Court refused to do. The case was pertaining to the essential medicines hoarding during the second wave of coronavirus when thousands were dying due to the shortage of drugs. Denying relief to the ex-cricketer, the SC said it “cannot allow a group of people to distribute medicines while others run helter-skelter” in search of them.
If anything, Gambhir, who got into politics before the general elections of 2019, can reach the Delhi High Court to avail help as it hasn’t released any order in the matter till now, the bench of SC comprising of Justices DY Chandrachud and MR Shah said.
“We cannot stop it. You proceed your remedy before the High Court,” a two-judge bench noted.
“An individual cannot distribute medicines”, they said, adding, “Then everybody will procure and distribute for their own purpose.”
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Following this statement, the advocate presenting for Gambhir, Kailash Vasudev, withdrew the petition filed by the former batsman against the remarks made by the Delhi High Court.
The series of events started after the Delhi HC slammed the drug controller in May this year for permitting Gambhir to store large quantities of the drug, Fabiflu, which was considered to be an essential medicine for treating covid-19 in some patients.
Taking advantage of the situation, where hundreds of thousands of people are running errands to save the lives of their loved ones, to later seem as covid warriors should not be glorified and rather denounced, the annoyed court said, as the repercussions of it could be dangerous.
Justices Vipin Sanghi and Jasmeet Singh, who made the remarks in May, had said, “You can’t take us for a ride. If you think we are so gullible, so naive, we are not. You better do your job. If you can’t do your job tell us… we will have you suspended and let someone else do your job.”
Similar charges under the Drugs and Cosmetics Act were also levied on AAP MLA Praveen Kumar with action to be taken soon against him as well.
Mr Vasudev told the top court today that his client was doing “public service” but still had to bear problems, which did not go well with the SC who wasn’t convinced with the excuse.
Reacting to the claim, Justice Chandrachud said, “We had our eye on the ground to see what was happening… People running helter-skelter… that is not on and we cannot allow that.” While Justice Shah added, “You (Gautam Gambhir) are in public life and you have to go through the process. Individuals cannot distribute medicines… Then everybody will procure and distribute.”
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Gambhir’s lawyer requested the SC bench to stop the prosecution persistently, reasoning the observations could never allow his client to come over it.
However, the Supreme Court refused to nudge from its decision.
Gambhir was offering the drug Fabiflu, free of cost, to people in his constituency in late April when the second wave of covid-19 was at its peak and hundreds were dying each day.
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Defending his actions by using the “free distribution” support stick, Gambhir had questioned in June, “If a few 100 strips of tablets obtained from a distributor are being given for free, then, can it be called hoarding? Is my obtaining a few strips of Fabiflu causing the shortage? You can call me wrong but I’ll do everything to save the lives of people.”
