NEW DELHI : The Delhi High Court on Monday declined to stay trial court proceedings against Indian cricket team head coach Gautam Gambhir, his foundation, and family members in connection with allegations of illegally stocking and distributing COVID-19 medicines.
Justice Neena Bansal Krishna, while refusing interim relief, agreed to hear Gambhir’s petition on August 29 seeking quashing of the FIR and recalling of the April 9 order that vacated the earlier stay on trial court proceedings.
Court Declines Immediate Relief
The bench observed that Gambhir’s counsel, Advocate Jai Anant Dehadrai, had sought restoration of the stay but argued the case by emphasizing his client’s public profile and philanthropic work during the pandemic.
“Once you get a stay, you stop appearing, the investigation stops, nothing survives and the whole case goes away,” Justice Krishna remarked, noting that the earlier stay was vacated after the counsel failed to appear.
When Dehadrai highlighted Gambhir’s record as a former MP and ex-India cricket captain who donated oxygen cylinders and medicines during the health crisis, the court cautioned against “name dropping.”
“Had you made a simple request, I would have considered it. You are trying to tell me so many things… You are trying name dropping as if it will work in the court. It does not work,” the judge remarked.
Background of the Case
The Delhi Drug Control Department had filed a criminal complaint in 2021 against Gambhir, his foundation, its CEO Aprajita Singh, and his family members Seema Gambhir and Natasha Gambhir, both trustees of the foundation.
The case stems from allegations that the foundation procured and distributed COVID-19 medicines without a valid license. The trial court, acting on the complaint, summoned the accused under provisions of the Drugs and Cosmetics Act.
Section 18(c) of the Act prohibits the sale and distribution of drugs without a license, while Section 27(b)(ii) prescribes punishment of three to five years’ imprisonment and a fine for violations.
On September 20, 2021, the Delhi High Court had stayed the trial court proceedings and sought a response from the drug control authority. That interim protection, however, was lifted by the April 9 order.
Next Steps in Proceedings
Dehadrai argued that the stay was vacated without hearing the defense and without an application from the prosecution. He also pointed out that while prosecution proceedings were stayed, the police investigation was free to continue.
He further warned that without relief, Gambhir’s wife and mother could be summoned when the matter is listed before the trial court on September 8.
The High Court clarified that the vacation of stay could not be recalled without giving notice to the prosecution. The matter is now posted for detailed hearing on August 29.
Legal and Public Implications
The case has drawn attention because of Gambhir’s dual role as a public figure and philanthropist. During the peak of the COVID-19 crisis in Delhi, Gambhir’s foundation distributed medicines and oxygen supplies, earning public appreciation. However, the lack of a valid license has raised questions about compliance with drug laws, even in times of crisis.
The outcome of this case may set an important precedent on how courts view charitable intent versus regulatory compliance during emergencies.