On August 6, the Delhi government informed the Delhi High Court that it would take a sympathetic stand and not prosecute organizations, individuals, and religious groups for distributing medical oxygen for free during the second wave of the Covid-19 pandemic.
The Delhi government will be withdrawing the court cases lodged against individuals and organizations who had distributed medical oxygen free of cost to the families of patients suffering from the Covid-19 infection.
The government stated that the motive of the organizations was to help people and not for commercial gains. The distribution didn’t result in blocking the supply of medical oxygen.
In July, the division bench, headed by Justice Jasmeet Singh and Justice Vipin Sanghi, had challenged the Delhi Drug Controller’s decision to take legal action against MLAs Imran Hussain and Praveen Kumar for distributing and stocking the oxygen for medical needs during the second wave of the Covid-19 pandemic.
The advocates stated that both the central and the state governments had failed to provide medical oxygen to the patients, and some “good samaritans” shouldn’t be prosecuted for helping people and ensuring that medical oxygen had reached the people in Delhi.
On July 8, the drugs control department had lodged a complaint against the Bharatiya Janata Party members Gautam Gambhir at the Dwarka Court for stockpiling and distributing the Covid-19 drugs and medical oxygen.
Meanwhile, the allegations against Aam Aadmi Party members Praveen Kumar and Imran Hussain were that they distributed the medical oxygen, considered a violation of the law.
On June 3, the Delhi High Court had stated that procurement of medical oxygen is determined as ‘drugs’ under the law, and cylinders for personal use are a breach of the law.
The court stated that the drug controller should prosecute the people behind the cases that have resulted in the blockage of supply for medical oxygen.
At the same time, they should not pursue cases involving the use to procure medical oxygen using bonafide. The Delhi High Court has defined the approach by the state government as a fair approach.
The Drugs Control Department in Delhi had initiated an investigation into the unlawful distribution of the Covid-19 drugs and medical oxygen.
They had also filed a complaint in the High Court to investigate and form an inquiry into the matter. Dr. Deepak Singh had filed a petition before the court stating that some medical professionals in nexus politicians were illegally supplying medicines to the patients during the second wave of the Covid-19 pandemic.
Advocate Vedansh Anand appearing for Dr. Deepak Singh had asked for an inquiry against the members of the Aam Aadmi Party.
The court offered a distinction between the cases of Gautam Gambhir and the Aam Aadmi Party members, stating the reason the court was pursuing the case against Gautam Gambhir was that he bought around ten thousand Fabi Flu in one go.
Even after distributing them, Gambhir had two hundred and thirty-six strips with him. The foundation, by Gautam Gambhir, from April 22 to May 7, had organized a free medical camp to provide people suffering from covid-19 with the proper prescription of medication.