Covid Drugs Case | “Once You Get a Stay, You Stop Appearing, Investigation Stops, Nothing Survives”: Delhi HC Refuses to Stay Trial Court Proceedings Against Gautam Gambhir

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Today, On 25th August, In the Covid drugs case, the Delhi High Court refused to stay trial court proceedings against Gautam Gambhir, observing that “once you get a stay, you stop appearing, the investigation stops, nothing survives and the whole goes away.”

New Delhi: The Delhi High Court declined to stay the trial court proceedings involving Gautam Gambhir, the head coach of the Indian cricket team, his foundation, and others accused of unlawfully stocking and distributing COVID-19 medications.

Justice Neena Bansal Krishna decided to hear Gambhir’s petition to quash the FIR and reverse the April 9 order that had lifted the stay on trial court proceedings on August 29.

In response to Gambhir’s counsel, who requested the restoration of the stay, The judge remarked,

“Once you get a stay, you stop appearing, the investigation stops, nothing survives and the whole goes (away),”

Advocate Jai Anant Dehadrai highlighted Gambhir’s credentials, noting his status as a former MP and captain of the Indian cricket team, as well as his contributions during the COVID-19 pandemic, including donations of oxygen cylinders and medicines when the health system was overwhelmed.

However, the court deemed these points irrelevant to the case, stating,

“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.”

Dehadrai apologized, clarifying he was not attempting to “name drop,” and noted that the trial court is set to hear the matter on September 8. He urged the high court to either reinstate the stay or address his plea before that date to prevent the summoning of Gambhir’s wife and mother.

He pointed out that while the prosecution was stayed, the police could continue their investigation.

The court indicated that the vacation of the stay could not be reversed without notifying the prosecution, noting,

“The stay was vacated without hearing me. There was no application for vacation of stay by the other side.”

The court further observed that Gambhir’s counsel did not appear on the day the stay was lifted and scheduled the matter for August 29.

Earlier, On September 20, 2021, the high court had stayed the trial proceedings and sought a response from the Delhi drug control authority regarding the petition filed by Gambhir, his foundation, and family members. They challenged the criminal complaint and the trial court’s summoning order.

The Drug Control Department had filed a complaint against Gambhir, his foundation, its CEO Aprajita Singh, and his mother and wife, Seema and Natasha Gambhir, respectively, for violations under the Drugs and Cosmetics Act.

Specifically, Section 18(c) prohibits the manufacture, sale, and distribution of drugs without a license, while Section 27(b)(ii) prescribes punishments of imprisonment for three to five years and fines for selling or distributing without a valid license.




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