SC Refused To Stay Proceedings Against Gautam Gambhir

BACKGROUND OF THE CASE

• During the second wave of the COVID-19 pandemic in Delhi, Gautam Gambhir had announced that his office would give free COVID medicines.
• The cricketer-turned MP was alleged to have stocked the medicine at a time where genuine patients were struggling and running helter-skelter to find any leads.

COVID SECOND WAVE

• The second wave of the COVID 19 pandemic was particularly brutal on the Indian citizens and patients.
• The family members to the patients were running from one end to end in order to procure hospital beds, oxygen, medicines and more.
• Social media platforms like Twitter, Instagram and Whatsapp were being actively used to circulate message and find leads when hospitals and other official spaces ran out of them.

REPORT

• The foundation stored the medicines and was found guilty of unauthorisedly hoarding, procuring and distributing the Fabiflu medicine to COVID-19 patients by the Delhi Government's Drug Controller's office. They filed a report on Gambhir's actions and those of other political parties involved in the Delhi High Court.
• Storing of an important medicine like Fabiflu in huge quantities by the foundation during the emergency period resulted in a lot of trouble for those people who genuinely needed it.

OBSERVATIONS BY COURT

• On Monday, the Supreme Court refused to consider a plea which sought a stay on the proceedings against BJP MP Gautam Gambhir's foundation in a case related with illegally procuring and distributing COVID-19 medicines.
• The Apex Court asked the petitioner to approach the Delhi High Court and receive the appropriate remedies.
• Senior Advocate Kailash Vasdev, who was appearing for the foundation, had requested a stay on the prosecution under the Drugs and Cosmetics Act. On sensing reluctance of the bench, the counsel withdrew the petition.
• Justice DY Chandrachud and Justice MR Shah while delivering the judgement observed that, the foundation came in suddenly to provide help with the medicines, while people were running around for medicines.
• They further added, "We have our ears to the ground and we completely understand the situation, we do not want to say anything." They have refused to entertain the plea by the foundation.

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