GAUTAM GAMBHIR FOUNDATIONS VS DR.DEEPAK SINGH AND OTHERS. BY NIMESH ROHILLA @LEXCLIQ

India is going through one of the toughest periods in its post-independence era as a consequence of the second wave of the COVID-19 pandemic , and this pandemic has exposed technical incompetency and serious lapses in our health system which we all have ignored for the past years.This crisis is getting worse by the day, with reports emerging that some people have started hoarding medicines and various medical necessities like oxygen cylinders, oxygen flow meters etc and which is bad and in this way a case of Gautam Gambhir’s(Indian politician and former cricketer) foundation which can be seen in this regard. Hospitals and top pharma companies have slashed the prices of medicines and the government has issued necessary guidelines to regulate the price of such lifesaving drugs and equipment.
However, due to the hoarding of drugs and medical equipment, the Mortality rate, or death rate,has been on a rise. Which is not good.

Supreme court on July 26,2021.

Supreme court refuses to entertain Gautam gambhir foundation’s plea against enquiry on covid drug hoarding.

The Supreme Court on Monday ( 26 july 2021) refused to entertain a petition filed by Gautam Gambhir Foundation against the order passed by the Delhi High Court for enquiry into alleged hoarding of COVID-19 drugs by the trust headed by former Indian team cricketer and present BJP MP from Delhi Gautam Gambhir.

What is Drug hoarding?

The term meaning “Hoarding” is the purchase of a large quantity of commodity with the intention to sell it in future when it is understock or not available in the market at a higher price.

Background of the Case-

Two weeks back, the Drugs Controller informed the High Court that prosecution has been launched against Gautam Gambhir Foundation, its trustees and CEO, along with AAP MLAs Praveen Kumar and Imran Hussain on July 8 for contravening the provisions of Drugs & Cosmetics Act , 1940.

By doing so, M/S Gautam Gambhir Foundation has contravened the provisions of the Drugs and Cosmetics Act, 1940 & Rules thereunder and therefore have committed an offence which is prosecutable/punishable under Section 27 (b) (iii) and 27 (d) of the said Act,” the controller said in its report to the court, according to the Indian Express.

On May 24, the Delhi High Court had directed the Drugs Controller to conduct an inquiry against Gautam Gambhir, AAP MLAs Preeti Tomar and Praveen Kumar on unauthorized distribution of COVID drugs.

And now at 12:12 p.m. Monday 26 july 2021 Supreme court refuses to entertain Gautam gambhir foundation’s plea against enquiry on covid drug hoarding.The petition was dismissed as withdrawn with liberty to approach the High Court.

A bench comprising justice DY Chandrachud M.R. Shah was dealing with this petition.

Disproving the distribution of essential COVID drugs by a single individual when people were running ‘helter-skelter’ to procure the same during the peak of the second wave in April-May this year.
Oral Observations Made By Justices D.Y. Chandrachud And M.R. Shah:-

Justice Chandrachud observed,
“We read the papers. People were going to a helter skelter to procure drugs during the second wave. And then suddenly one person started distributing drugs. This is not done”

The submission made by Senior Advocate Kailash Vasudev, appearing for Gautam Gambhir Foundation, that the petitioner was doing service to people, did not appeal to the bench.

“Individuals cannot distribute drugs. We saw how the common man was suffering. This cannot be done. Do you want us to go into merits?”, Justice Shah remarked.

The bench said that the petitioner gets itself impleaded in the proceedings before the Delhi High Court and raises the contentions there.

Following that, the senior counsel sought permission to withdraw the petition with liberty to approach the High Court. Accordingly, the petition was dismissed as withdrawn with liberty to approach the High Court.

Conclusion:-
In the above case many questions arises,like
Were people actually holding the supplies?
Act like hoarding and black marketing essential supplies during this covid pandemic affecting the economy?Or were there any more organizations which are still hoarding these essential supplies or not? Different NGOs and foundations were established only with the purpose of public welfare and to provide help to the people who need it.
Health care services have been hit the hardest in recent times. India has faced recently when a second wave slammed the country, leaving many struggling for vital essentials such as oxygen cylinders and pulse meters. More troublingly, some individuals hoarded, and continue to hoard essential supplies in the name of profit, worsening an already terrible scenario. And we all have seen it all over the news channels like how people were dying outside of hospitals due to shortage of oxygen supply and beds. There were as well many factors which had affected the economy during his crisis. Well now the above case is before the High court and soon we will know what will happen.

Thank you for reading.

WRITTEN BY
NIMESH ROHILLA

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