Even with best intentions, he has done disservice: Delhi High Court directs Drug Controller to probe distribution of FabiFlu by Gautam Gambhir

The Delhi High Court on Monday directed the Drug Controller of Delhi to look into the procurement and distribution of FabiFlu by Member of Parliament from the Bharatiya Janata Party (BJP) Gautam Gambhir, and to take necessary action as per law (Dr Deepak Singh v. Union of India)..Taking judicial notice of the fact that FabiFlu was in short supply at the time when the drug was being distributed by Gambhir, a Division Bench of Justices Vipin Sanghi and Jasmeet Singh said, ."He (Gautam Gambhir) has been a national player...we're sure he had good intentions...(but) the way he has gone about it, he has actually done a disservice, unintentionally may be. This is not done.".The Court also took note of the procurement of oxygen cylinders by Members of Legislative Assembly (MLAs) from the Aam Aadmi Party, Priti Tomar and Praveen Kumar, and directed that inquiry/investigation be undertaken by the drug authority. ."Law must take its course.. it is only to deal with such situations. Intentions may be lacking but in that process if they cross the line, law has to take its course. Even with best intention, they are malpractices...We have narrowed down to three - Gautam Gambhir, Priti Tomar and Praveen Kumar," the Court observed. .The Court noted that in Gambhir's case, 285 strips of FabiFlu out of 2,628 strips were left after distribution and the same were given to the Directorate General of Health Services (DGHS). The payment for procurement was given through the Gautam Gambhir Foundation. .The Court has now sought a status report from the Drug Controller, Delhi detailing how such large quantity of FabiFlu was procured on the basis of a single prescription and then distributed to several patients/attendants..As per the Court's order, the status report shall also indicate the breaches and persons liable.."Mr Gautam Gambhir may have done it with best of intentions...our issue is, is it responsible behaviour..? This was no way that you buy from the market so many strips...Here a very clear case is made out...you find out against whom action is to be taken...", the Court observed. .The Court nonetheless clarified that it has not directed that "any action be taken" against Gambhir or the two MLAs. .Further, the Delhi government has been directed to provide necessary expertise to the office of the Drug Controller to enable them to carry out the inquiry/investigation/prosecution. .The order was passed in a plea alleging that political leaders like Gautam Gambhir were hoarding, transferring and distributing crucial COVID-19 medicines at a time when the public at large was running helter-skelter for them. .An application was also filed by another person on similar acts of hoarding being undertaken by AAP MLAs. .The Court had earlier directed Delhi Police to file its status report on such incidents of hoarding in the NCT of Delhi. .Today, the Court directed the police to hand over the material collected during the investigation to the Drug Controller..Advocate Nandita Rao appeared for the Drug Controller, while Advocate Virag Gupta appeared for the petitioner. Advocate Satya appeared for the applicant..The matter will be heard next on May 31.