The Supreme Court on Tuesday blasted Ramdev and Patanjali MD Acharya Balakrishna for their reply in contempt notice in a misleading advertisement case by the IMA. The court came down heavily on Patanjali MD for calling the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 an archaic one in the apology to the Supreme Court.
The bench gave Ramdev a last opportunity of one week to file a reply in contempt notice. Tha Patanjali MD Balakrishna had filed his reply but Ramdev did not.
"In the last date of hearing, contempt notice was issued to Baba Ramdev...though notice was accepted on his behalf, a reply to show cause is not on record. Balbir Singh appearing for him, said that reply is ready but could not be filed...the court is granting last opportunity to file a reply to Ramdev..." the bench said while pronouncing order.
Your apology is just lip service, the bench said on Patanjali's "unconditional apology."
"Sometimes some matters have to be taken to the logical conclusion," Justice Hima Kohli said on taking forward the contempt case.
Patanjali's lawyer told the bench that the media department of the company wasn't aware of the Supreme Court order when Baba Ramdev held the press conference. The top court expressed dissatisfaction with this explanation and said it was the duty of the company to convey it to the media department.
"Being the co-founder of the organisation, we refuse to believe that he was not aware...you holding the press conference within 24 hours shows that you were cognisant," the bench said.
The bench also said that a lot has to be said about Patanjali's Coronil and said it will also hold the Centre responsible.
"People of their stature who claim they have undertaken immense research...have to be held responsible." Justice Kohli said on Ramdev and Patanjali MD.
Justice Amanullah warned the Patanjali's counsel Balbir Singh to be mindful of any statements they are making. He told the court that both Ramdev and Balakrishna are present in court and are ready to apologise in person.
However, the court expressed great displeasure at "forgery" in the affidavit file by Patanjali.
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Solicitor General Tushar Mehta appearing for Centre said that it appears that the affidavits have not been filed as they should have been. "I would like to assist the court," Mehta said.
The court however didn't spare Centre as well for not publicising that Coronil is not backed by scientific evidence.
"...you yourself had said that the product they come out with cannot be backed...What did you do to publicise the same with the common public?" the bench asked Centre.
The court eventually agreed to SG Mehta's prayer for granting one last chance to Ramdev and Patanjali Ayurved to file a reply.
In the last hearing, the Supreme Court came down heavily on Patanjali Ayurved MD Acharya Balakrishna and Baba Ramdev for not filing a reply to a show cause notice explaining as to why contempt of court proceedings should not be initiated against them. The court also asked Baba Ramdev to be personally present in court for not filing a reply to show cause notice in contempt proceedings against him over misleading advertisements of Patanjali Ayurved. The top court passed an order saying that Baba Ramdev and Acharya Balakrishna are prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act.
In the previous hearing, Senior Advocate Mukul Rohatgi appeared for Patanjali Ayurved and asked the top court how Ramdev came into picture and asked for anonymous material relied on in the last order to be put on record. He said, "my lords violation of the law is not contempt! What was relied on in open court has to be recorded, I have to advise my client then.. "
Justice Kohli asked Rohatgi: "How can you be in the teeth of our orders?"
Earlier, in February, the Supreme Court issued a show cause notice to Baba Ramdev's Patanjali Ayurved and its Managing Director Acharya Balakrishna for causing contempt over running misleading advertisements and holding press conferences within 24 hours of giving an undertaking in the court.
The court took a prima facie view and said that the company has violated the November 2023 order by the Supreme Court and its own undertaking by carrying out misleading advertisements about curing diseases that fall under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.
The top court had also pulled up the Centre for not taking any action against Ramdev and his company in the previous hearing.
The Indian Medical Associations (IMA) moved the top court seeking direction to the Centre, Advertising Standards Council of India (ASCI), and the CCPA (Central Consumer Protection Authority of India) to take action against advertisements and campaigns that promote the AYUSH system by downgrading Allopathy.
The petition raises concern over misleading statements by Baba Ramdev against allopathy and false claims by Patanjali of curing certain diseases in advertisements. The IMA has contended that despite the Ministry of AYUSH signing a Memorandum of Understanding (MoU) with the ASCI for monitoring misleading advertisements, Ramdev continues to flout norms.