The Supreme Court on Tuesday expressed displeasure at the the size of the apology issued by Baba Ramdev's Patanjali Ayurveda in certain newspapers yesterday for running misleading advertisements. The court also posed many tough questions to the Centre and asked it to come prepared in next hearing with answers. The bench posted the matter for April 30 and said that it wants to see the actual size of apologies issued in newspapers by Ramdev's Patanjali Ayurveda.
Patanjali Ayurved published an advertisement in certain newspapers yesterday apologising for the "mistake of publishing advertisements and holding a press conference even after our advocates made a statement in the apex court."
Bench presided by Justices Hima Kohli and Ahsanuddin Amanullah heard the matter and asked Senior Advocate Mukul Rohatgi why there was such a big difference in the size of apology and and the misleading advertisements. Rohatgi said that Ramdev has given public apology in 60 publications.
The court had earlier pulled up Baba Ramdev and Patanjali MD Balakrishna over contempt of court for holding press conference and giving misleading advertisemnets even after filing undertaking in the court. Ramdev and Patanjali MD Acharya Balkrishna were personally present before the court today.
Justice Kohli remarked at the outset of hearing: "You have not done anything!"
Rohatgi said, "We have published an apology."
Justice Kohli asked, "Where? Why filed yesterday after one week? Is the apology the same size as your advertisements?"
Rohatgi ultimately told the court that Patanjali will issue fresh and bigger apologies in newspaper. The court adjourned the matter till next hearing.
Supreme Court Grills Centre Over Inaction To Prevent Abuse Of Drugs & Magic Remedies Act
The bench posed several tough questions to the Centre over its approach towards misleading advertisemnets by Patanjali Ayurveda. The Centre has been asked to explain letter giving recommendation with respect to rule 170 of Drugs and Cosmetics Rules 1945 and its related provisions.
Justice Amanullah told the ASG appearing for Centre that "Union will be the focus on April 30" and it must come prepared with answers.
Justice Kohli while dictating order said that it is necessary to implead Ministry of Consumer Affairs, etc. to examine steps taken by the Ministries to prevent abuse of Drugs and Magic Remedies Act, etc.
"All state/Union Territories licensing authorities should be impleaded. Petitioner to take steps. Ministries to file affidavits actions taken by them to prevent misuse of abuse of aforesaid statutes and data, for present confined to period 2018 onwards."
The court also asked Centre to file affidavits to explain action taken on misleading advertisements. The court also said that the issue was not restricted to just Patanjali but also other FMCGs misleading public.
"We have pointed out seven issues, Union has to answer. State Licencing Authorities across India will have to be impleaded. We have to look at broader picture, not just one FMCG."
Justice Amanullah said that the top court is going to take serious cognisance of letter issued by Centre. "You need to explain. Patanjali has been waving that letter."
While posing questions to Centre over letters isuued by it, Justice Kohli asked: "Now you seek to withdraw Rule 170. If you have decided so, what weighed with you? Why you choose to act only under the Act respondents termed as 'archaic'?"
Justice Amanullah asked Centre "if it was not arbitrary and colorable exercise? Is it within your domain?"
The bench also pointed out how news channels are reporting Supreme Court proceedings against Ramdev, while simultaneously running Patanjali advertisements in the same screen.
Justice Kohli said that Ministry of Consumer Affairs and Ministry of Information should also be impleaded.
Supreme Court Takes Cognisance Of Complaints Against IMA
While hearing the case thet bench also pulled up IMA and said that the petitioner also needs to put its house in order.
"There are several complaints with regard to alleged unethical conduct of IMA...wherever there is misuse of their position in recommending highly expensive medicines, extraneous medicines for valuable consideration."
The bench directed that National Medical Commission be impleaded and made party for assistance to the court in the case.
Speaking over IMA, the bench said that it wishes to clarifying that it is not here to gun for a particular agency. "This is a PIL. It is in interest of public. This is part of process of rule of law."
The court noted that the case of misleading advertisements was not restricted to just Patanjali Ayurveda but several other FMCGs were guilty of this.
"We can't let the public be taken for a ride. There are children and babies involved!" The bench said.