The Delhi High Court on Friday set aside the criminal proceedings initiated against Indian cricket team head coach and former Member of Parliament Gautam Gambhir, the Gautam Gambhir Foundation (GGF), along with its office-bearers, accused of unauthorised procurement, stocking, and distribution of Covid-19 medicines during the second wave of the pandemic.

The single-judge Bench of Justice Neena Bansal Krishna exercised its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, to rule that continuation of the proceedings was not warranted in the interests of justice.

It allowed the Foundation’s petition challenging the complaint and summoning order issued by the Metropolitan Magistrate. A detailed judgment is awaited.

On August 29, the High Court had reserved its verdict after hearing detailed submissions from both parties. The High Court had declined to reinstate a stay on the criminal trial and recalled an earlier interim order dated April 9, which temporarily lifted the stay.

A coordinate Bench had previously stayed the proceedings in September 2021, though interim protection was later lifted pending adjudication on the merits.

The Drug Controller of Delhi had initiated an inquiry against the Foundation, its trustees and its Chief Executive Officer (CEO) Aparajita Singh, based on allegations that free medical camps organised during the pandemic involved the unauthorised possession and dispensing of antiviral and other Covid-19 therapeutics.

It was alleged that the foundation violated statutory provisions of the Drugs and Cosmetics Act, 1940, particularly Section 18(c) read with Section 27(b)(ii), which prohibit stocking, sale, or distribution of specified pharmaceuticals without a valid licence.

The allegations stemmed from a public medical assistance initiative conducted by GGF, during which antiviral medication, including FabiFlu, and other Covid-19 therapeutics were procured and supplied to the public during severe shortages.

The Delhi Drug Controller apprised the High Court in June 2021 that the foundation was prima facie liable for unauthorised purchase and possession of essential medicines and oxygen cylinders during a period of acute scarcity.

On June 3, 2021, the High Court directed the regulator to proceed only against those entities whose conduct had materially disrupted, obstructed, or choked the lawful supply chain of pandemic-related drugs.

A criminal complaint was filed before the Metropolitan Magistrate, resulting in the issuance of summons to the former BJP MP, his mother Seema Gambhir, wife Natasha Gambhir, GGF and its trustees.

Proceedings had also been launched against the then Aam Aadmi Party MLAs – Praveen Kumar and Imran Hussain on similar allegations.

The investigating agency examined procurement records, distribution mechanisms, and witness statements to determine whether the accused had engaged in hoarding or illegal stocking of regulated medical supplies in contravention of the Essential Commodities Act, 1955; the Drugs and Cosmetics Rules, 1945; and government notifications related to Covid-19 drug supply chains.

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