New Delhi: Directing the Drug Controller of Delhi to examine the procurement and distribution of FabiFlu by Bharatiya Janata Party (BJP) MP Gautam Gambhir and to take the necessary action as per law, the Delhi High Court on Monday said the former cricketer has “actually done a disservice, unintentionally may be”.


Noting that FabiFlu was in short supply at the time when the drug was being distributed by Gambhir, a division bench of Justice Vipin Sanghi and Jasmeet Singh said: “We are sure he had good intentions..... the way he has gone about it, he has actually done a disservice, unintentionally may be. This is not done.”


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Stating it is sure Gambhir had best intentions, the bench said that the former also started a charity, adding if he wanted to help maybe he could have provided funds.


Is it a responsible behaviour to bulk purchase medicines when you know there is a shortage? the bench asked.


Meanwhile, the High Court also took note of the procurement of oxygen cylinders by Aam Aadmi Party (AAP) MLAs Preeti Tomar and Praveen Kumar and directed an inquiry by the drug authority.


Emphasizing that the law must take its course, the bench noted: “Intentions may be lacking but, in that process, if they cross the line, law has to take its course. Even with the best intention, they are malpractices.”


The High Court further said it has narrowed down on the three - Gambhir, Tomar and Kumar.


The court noted in Gambhir's case, FabiFlu left after distribution, was given to the Directorate General of Health Services (DGHS). The court has sought a report from Delhi's drug controller, detailing the quantity of FabiFlu procured on the basis of a single prescription and then distributed to several patients/attendants, IANS reported.


The High Court, however, clarified that it has not directed that “any action be taken” against Gambhir or the two MLAs.


The High Court, which was hearing a plea seeking registration of FIRs against politicians involved in hoarding and illegally distributing Covid-19 medicines, directed the police to hand over the material collected during the probe to the drug controller.