The Supreme Court on Wednesday said that it is not satisfied with the apology tendered by the Baba Ramdev and Patanjali Ayurved MD in the misleading advertisements case. The court said, "we decline to accept this. We consider it a wilful, deliberate disobedience of the undertaking." While pronouncing order today the court said that it is not inclined to accept the apology of the proposed contemnors Baba Ramdev and Patanjali MD Acharya Balakrishna. The court listed the matter for passing orders on the contempt case on Ramdev for April 16.
A Bench of Justices Hima Kohli and Ahsanuddin Amanullah said that it is not satisfied with the affidavit and took objection to the affidavits being made public before being placed before the bench.
"Having regard to entire history, we have expressed our reservations about accepting the latest affidavit filed. We have also pointed out that even after show cause notices, the proposed contemnors attempted to wriggle out of physical appearance." the court said on Ramdev's apology while dictating order.
The court noted that tickets Ramdev attached in his affidavit were issued after the affidavits was sworn and at the time of filing of the affidavit the ticket did not exist.
"Till the matter hit the Court, the contemnors did not find it fit to send us the (fresh apology) affidavits. They sent it to the media first, till 7.30 pm yesterday it was not uploaded for us. They believe in publicity clearly!"
The court said, "we are wondering why we should not treat this apology with the same disdain as you treated your undertaking in this court!"
Justice Amanullah slammed Ramdev for forgery in his apology affidavit, and asked "who drafted it? I am surprised."
Justice Hima Kohli called the apology just a piece of paper and said that the court will not accept it.
"Apology is on paper. Their back is against the wall. We decline to accept this, we consider it a deliberate violation of undertaking. Be ready for something next to the rejection of the affidavit." Justice Kohli said.
Justice Amanullah pointed to the air tickets attached by Ramdev in his affidavit and said, "We are not blinded!"
Senior Advocates Mukul Rohatgi appearing for Ramdev said, "People make mistakes."
On this the bench replied: "Then they suffer. We don't want to be so generous in this case."
SC Slams Uttarakhand State Authority For Conduct In Ramdev's Case
The court also slammed a reply filed by the State Licensing Authority and said that the state authority has done nothing and remained in deep slumber. The court said that it seems that the state worked hand-in-glove with Ramdev, Patanjali and Divya Pharmacy.
"The State Licensing Authority filed detailed affidavit...trying to explain action taken by the authority on Centre corresponding with it regarding objectionable advertisement manufacturing company Divya Pharmacy...We are appalled to note that except pushing file, nothing has been done by the state," the bench said.
The bench directed the concerned officer who had taken over post in June, 2023 and his predecessor to explain why they only issued warnings to Divya Pharmacy that manufactures products for Patanjali.
"In our opinion, that is enough time for him to have acted. Predecessor is equally complicit. Predecessor shall file an affidavit explaining his inaction. The disdain shown by Divya Pharmacy to show cause notices is apparent from the tone and tenor of their reply. In the teeth of the aforesaid reply, instead of taking action under the statute, the State Licensing Authority informed Union of India that it should issue a warning to Divya Pharmacy...Besides the proposed contemnors (Ramdev and Acharaya Balakrishna), we are inclined to issue notice to deponent and his predecessor. However, we are refraining from the present," the bench said while dictating order.
The court also directed that all AYUSH officers in Haridwar between 2018 till date shall also file affidavits explaining inaction on their part in two weeks.
The bench said that a message must go to society. The court asked the State Licensing Authority of Uttarakhand that why should all its officers not be placed under suspension.
"What did you do? Sit and wiggle your thumbs? You waited for us to prod you?"
Justice Amanullah asked counsel appearing for the State Licensing Authority, "Why should all officers not be placed under suspension right here?"
Justice Kohli said your officers have done nothing, "What is the job of a Drug Officer and Licensing Officer?"
Justice Amanullah told the Uttarakhand government, "We have strong objection to the use of the word 'bonafide' for officers. We are not going to take it lightly. We will rip you apart!"
Justice Kohli asked the State Licensing Authority that "Why should we not think you are in cahoots with alleged contemnors? You are keeping your eyes shut deliberately!"
The court will pass orders on Ramdev's contempt of court case on April 16. The court has asked State authorities and officers to file replies within two weeks.