The Delhi High Court on Monday refused to stay trial court proceedings against Indian cricket team head coach Gautam Gambhir, his foundation, and others in a case linked to the illegal stocking and distribution of COVID-19 drugs. Justice Neena Bansal Krishna posted Gambhir’s plea for hearing on 29 August while criticising his counsel’s arguments.
Gautam Gambhir Image/Filepic
The Delhi High Court on Monday refused to stay the trial court proceedings which are ongoing against Indian cricket team head coach Gautam Gambhir. Along with Gautam Gambhir, his foundation and others have been 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 29 August Gambhir's petition for quashing the FIR and recalling an order of 9 April which vacated the stay on the trial court proceedings.
After listening to Gautam Gambhir’s legal counsel, the judge said, "Once you get a stay, you stop appearing, the investigation stops, nothing survives and the whole case goes (away)," as cited by news agency PTI.
While defending Gautam Gambhir in the illegal stocking of COVID-19 drug case, Advocate Jai Anant Dehadrai described Gambhir's social welfare activities. The advocate stated that “Gambhir was a former MP and former captain of the Indian cricket team and had helped people by donating oxygen cylinders and medicines during the COVID-19 pandemic, when the entire health system collapsed and even the government was incapacitated.”
However, responding to the advocate's argument, the court said that the points were immaterial to the case and have no standing as of now.
The judge further remarked, "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," as cited by news agency PTI.
After the judge criticised Gautam Gambhir’s advocates, the counsel apologised and said he was not trying to "name-drop".
Advocate Jai Anant Dehadrai, representing Gautam Gambhir, 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 that only the prosecution was stayed, but the police were free to continue with their investigation.
The advocate further said, "The stay was vacated without hearing me. There was no application for vacation or stay by the other side," as cited by news agency PTI.
The court said that on the day the stay was vacated, Gambhir's counsel did not appear, and it posted the matter for 29 August.
On 20 September 2021, the High Court stayed the trial court proceedings in the case and sought a response from the Delhi Drug Control Authority on the petition by the Gautam Gambhir Foundation, Gambhir and his family members.
While Section 18(c) prohibits the manufacture, sale and distribution of drugs without a licence, Section 27(b)(ii) makes sale and distribution without a valid licence punishable with imprisonment for a term not less than three years but which may extend to five years and with a fine.
(With inputs from PTI)
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