Covid drugs case: Delhi HC refuses to stay trial court proceedings against Gautam Gambhir

New Delhi: The Delhi High Court on Monday refused to stay the trial court proceedings against Indian cricket team head coach Gautam Gambhir, his foundation and others accused of illegally stocking and distributing COVID-19 drugs.

While refusing to grant the reprieve for now, Justice Neena Bansal Krishna agreed to hear on August 29 Gambhir's petition for quashing the FIR and recalling an order of April 9 which vacated the stay on the trial court proceedings.

"Once you get a stay, you stop appearing, the investigation stops, nothing survives and the whole case goes (away)," the judge told Gambhir's counsel who sought restoration of the stay.

Advocate Jai Anant Dehadrai shared his client's credentials, saying Gambhir was a former MP, former captain of Indian cricket team and had helped people by donating oxygen cylinders and medicines during COVID-19 pandemic, when the entire health system collapsed and even the government was incapacitated.

The court said the points were immaterial to the case.

"Had you made a simple request, I would have considered it. You are trying to tell me so many things. Firstly the name (of the party), his credentials, the work done by him... You are trying name dropping as if it will work in the court. It does not work," the judge remarked.

The counsel apologised and said he was not trying to "name drop" and the trial court was scheduled to hear the matter on September 8.

He, therefore, urged the high court to either restore the stay on trial court proceedings or hear his plea before that date or else his client's wife and mother would be summoned.

The counsel pointed out only the prosecution was stayed but the police was free to continue with its investigation.

The court observed the vacation of stay couldn't be recalled without giving notice to the prosecution.

"The stay was vacated without hearing me. There was no application for vacation of stay by the other side," Dehadrai said.

The court said the day the stay was vacated, Gambhir's counsel did not appear and posted the matter for August 29.

On September 20, 2021, the high court stayed the trial court proceedings in the case and sought response from the Delhi drug control authority on the petition by Gautam Gambhir foundation, Gambhir and his family members.

They had challenged the criminal complaint and the summoning order passed by the trial court in the case.

The Drug Control Department filed a complaint against Gambhir, his foundation, its CEO Aprajita Singh, his mother and wife, Seema Gambhir and Natasha Gambhir, respectively -- who are both trustees in the foundation -- for offences under the provisions of of the Drugs and Cosmetics Act.

While Section 18(c) prohibits manufacture, sale and distribution of drugs without a licence, Section 27(b)(ii) makes sale, distribution without valid licence punishable with imprisonment for a term, not be less than three years but which may extend to five years and with fine.