'Unfortunate that human tragedy being politicised': HC raps Delhi Drug Controller

The High Court on Thursday came down heavily on the Delhi Drug Controller for initiating prosecution against two lawmakers from the Aam Aadmi Party for allegedly illegally procuring oxygen and supplying it to people. 

"How can you prosecute them? The State, both the Delhi government and Union, failed in providing sufficient oxygen to people in Delhi. There were some Samaritans who provided oxygen. You can't prosecute them," said a division bench of the high court presided by Justices Vipin Sanghi and Jasmeet Singh. 

The court further went on to say that if the Drug Controller wishes to proceed with the prosecution of these lawmakers then it would have to also prosecute each temple, Gurudwara, and all other organisations which were indulged in the same.

"Oxygen issue is a bit of a technical type, if you prosecute these people, this way you'll have to pick up half of Delhi...why prosecute members of a particular political party then?" the bench said. 

It further expressed dismay that the human tragedy that occurred during the second wave of COVID-19 is being politicized. "You're very consciously targeting political parties. It's very unfortunate. We'll not permit this. It's unfortunate that this human tragedy has been used for political gains," the bench said. 

The court has now granted time till August 5 to the Drug Controller of Delhi to decide the future course of action with regards to such prosecutions. The court also clarified that the case regarding the Gautam Gambhir Foundation is however different.

It said, "The reason for picking up Gautam Gambhir's case was that he was very irresponsibly having COVID-19 medicines. He may have had the best intentions but it is not allowed."

Delhi HC orders DCGI probe into Gautam Gambhir

On May 24, Delhi High Court directed the drug agency to probe into hoarding of essential COVID medicines by BJP MP Gautam Gambhir and medical oxygen by AAP MLAs Priti Tomar and Praveen Kumar. Maintaining that the lawmakers may have had the best intentions, the court viewed their action as a disservice, directing DCGI to submit a report. The matter heard by Justices Vipin Sanghi and Jasmeet Singh pertained to Delhi police's clean chit to nine politicians on 'hoarding medicines & oxygen supplies'.

The court noted that Gambhir had purchased 2,628 strips of Fabiflu on prescription by Dr Garg and distributed it among Delhi citizens, leaving only 258 strips for the DGHS. Similarly, in the AAP MLAs case, the court noted that oxygen cylinders were transported via the MLAs' offices instead of the nodal officers. The court had termed the clean chit given to nine politicians by the Delhi police on 'hoarding medicines & oxygen supplies' a 'wash-up report' and ordered it to file a fresh status report.

Delhi police probed nine politicians - BJP leaders Gautam Gambhir, Harish Khurana, Sujay Vikhe Patil, Congress leaders BV Srinivas, Mukesh Sharma, Anil Kumar, Ali Mehndi, Ashok Bhagel, and  AAP MLA Dilip Pandey - for alleged hoarding, but gave them a clean chit stating that "they were actually helping people".