Misleading Ads Case: SC Issues Notice To IMA President Over Patanjali MD Acharya Balkrishna's Complaint

The Supreme Court on Tuesday issued notice to President of Indian Medical Association (IMA) on the application filed by Patanjali MD Acharya Balkrishna seeking action against alleged offending statements made by him in an interview given to the media

The Supreme Court on Tuesday issued notice to President of Indian Medical Association (IMA) on the application filed by Patanjali MD Acharya Balkrishna seeking action against alleged offending statements made by him in an interview given to the media.

The bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing the contempt case against Patanjali over the publication of misleading advertisements. 

Patanjali MD Acharaya Balakrishna moved the apex court against the interview given by the President of the Indian Medical Association (IMA) after Supreme Court pulled up IMA and observed that it also needs to put its house in order. The Patanjali MD had filed an affidavit in the top court on Monday bringing the interview on record and prayed that the court take "judicial notice of the statements made by the President, Indian Medical Association and initiate appropriate actions in accordance with law".

At the outset of the hearing, Senior Advocate Mukul Rohatgi appearing for Patanjali told the top court about the application against interview. The apex court took a stron exception to the interview given by the IMA President, Dr RV Ashokan. The court asked IMA to explain why they were making statements in a matter that was sub-judice.

Counsel appearing for IMA told the court that Ashokan was mostly praising the, thecourt's order. The bench was quick to reply that the court does not need a pat on its back.

In the last hearing, Senior Advocate Mukul Rohatgi appearing for Patanjali had brought IMA Presdent's interview to the court's notice. It was alleged that the IMA President criticised the Supreme Court's observations regarding the need for IMA to take action on complaints of unethical practices by allopathic doctors.

The top court had observed while hearing the IMA's petition against misleading advertisements by Ramdev's Patanjali Ayurveda in an earlier hearing, that there are several complaints with regard to alleged unethical conduct of IMA.

The bench had also directed that National Medical Commission be impleaded and made party for assistance to the court in the case.

Speaking on 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.

Following these observations by the top court, IMA's president gave an interview on which the Patanjali MD raised objection.

The bench of Justices Hima Kohli and Ahsanuddin Amanullah permitted Patanjali to bring the said interview on record.

"This is more serious than what we have been doing till now...Be prepared for more serious consequences," Justice  Amanullah warned IMA.

The court also considered the larger issue of misleading health claims made by Fast-Moving Consumer Goods (FMCGs)/drugs companies through ads as well as the Centre's decision to omit Rule 170 from the Drugs and Cosmetic Rules, 1945.