New Delhi: The Supreme Court Tuesday came down harshly on Patanjali Ayurved, co-founded by yoga guru Ramdev, for its “perfunctory” apology after failing to stop misleading advertisements.
Ramdev and his close associate Acharya Balkrishna, the managing director of Patanjali, were present in the top court for the contempt proceedings.
The bench comprising Justices Hima Kohli and Ahsanuddin Amanullah lambasted Patanjali for its submission that its media wing was not aware of the court order to halt the broadcast of such advertisements. Back in November last year, Justice Amanullah had warned Patanjali that he would impose a cost of Rs 1 Crore on every product regarding which a false claim is made that it can cure a particular disease. Patanjali’s lawyer had then assured the court that it would not make any such ads in the future.
However, when the misleading ads continued, the apex court had in February imposed a temporary ban on Patanjali from advertising or branding certain products claiming to cure specific diseases or disorders under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
“You violated the solemn undertaking with impunity. We are not willing to accept this and this is perfunctory! What is the reason to accept your apology?” Justice Kohli remarked Tuesday.
“This is all humbug! You say ‘if the court feels, etc.’… We cannot look into your heart! This is not how contempt cases are dealt with. In some matters, some cases have to be taken to their logical end. There cannot be so much magnanimity!” Justice Amanullah added.
The bench criticised Ramdev for the manner in which he held a press conference shortly after the top court cautioned Patanjali against publishing misleading ads in November, saying this showed that he was aware of the court’s order and flouted it nevertheless.
It also said that it would initiate perjury (lying to the court) cases against Patanjali and Ramdev for creating documents only for the purposes of the court hearing, whereas Divya Pharmacy’s affidavit claimed that the paperwork regarding the products already exited . “You said documents have been attached, but but the documents were created later on,” Justice Kohli said.
Justice Kohli also questioned the central government for not acting against Patanjali.
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Addressing the Union’s counsel Solicitor General Tushar Mehta, the court said it had questions for the AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) ministry on why it did not publicise its stance that ayurvedic products were, at best, a supplement to other medicines, Bar and Bench reported.
Justice Kohli asked: “AYUSH has much to commend and there is a limit to what they can do. But the manner in which other modes have been disparaged is utterly shocking. They have mocked the others. Have you seen the transcript?”
Justice Amanullah added: “He (Baba Ramdev) has done a lot for Yoga. But that cannot be stretched to pick holes in everything else.”
After the hearing, the court ordered that the Drugs and Licence Department be added as a party to the case.
The matter will be heard next on 10 April, when Patanjali and its management have been ordered to come up with a better affidavit of an apology.
The case began in November last year when the top court, while hearing a petition filed by the Indian Medical Association (IMA), cautioned Patanjali Ayurved from making “false” and “misleading” claims in advertisements about its medicines.
Patanjali had assured the apex court on 21 November that it would not violate any law, especially the laws relating to advertising or branding of products manufactured and marketed by it.
The firm had also assured the bench headed by Justice Hima Kohli that “no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form”.
But this was not adhered to as another ad was published by Patanjali after the November order.
The bench took exception to this and on 27 February, directed the company to stop all electronic and print advertisements of its medicines with immediate effect.
In March, the Supreme Court directed Baba Ramdev and Balkrishna to be personally present before the court for contempt of its November order.
Days later, Balkrishna offered an unconditional apology to the Supreme Court for the misleading publicity carried out by the company about its medicines’ “miraculous abilities”.
In his short six-page affidavit, Balkrishna said he “regrets” the company’s advertisement containing the “offending sentences”. He claimed the advertisements were issued “inadvertently”.
The court, however, demanded Ramdev and Balkrishna’s personal presence on 2 April for contempt, as the company had “continued to advertise” despite assurance to the court last November that it would stop.
The IMA has accused Patanjali of defaming and carrying out a smear campaign on evidence-based medicine. Its petition raised objections over a “continuous, systematic, and unabated spread of misinformation” regarding allopathy and the modern systems of medicine.
(Edited by Tikli Basu)
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