New Delhi: The Supreme Court Wednesday directed Patanjali’s co-founder Ramdev and its managing director Balkrishna to be personally present before it on the next date of hearing in a case related to Patanjali’s misleading advertisements. This comes weeks after the court imposed a temporary ban on Patanjali Ayurved from advertising or branding certain products.
The latest order was passed by a bench comprising Justices Hima Kohli and Ahsanuddin Amanullah on the back of a petition filed by the Indian Medical Association, which has accused Patanjali of defaming and carrying out a smear campaign on evidence-based medicine. The petition raised objections over a “continuous, systematic, and unabated spread of misinformation” regarding allopathy and the modern systems of medicine.
Saying that “the entire country has been taken for a ride” earlier in February, a bench comprising Justices Hima Kohli and Ahsanuddin Amanullah came down heavily on Patanjali for its misleading advertisements. It noted that the company had continued to do so despite an assurance to the Supreme Court in November last year that it would not make any misleading ads.
Observing that by continuing with its tactics, Patanjali has prima facie violated the undertaking made before the court in November, the court issued notice to Patanjali Ayurved and its managing director Balkrishna to show cause why action should not be taken against them for the contempt of court.
However, during the hearing Wednesday, the court noted that no response had been filed by Patanjali on its contempt notice. It, therefore, directed Balkrishna to be personally present. The court then went on to issue a contempt notice to Ramdev and demanded his personal presence, too, despite strong protest by Patanjali’s lawyer Mukul Rohatgi.
This was after the court noted that the misleading advertisements “reflect endorsements thereof by Acharya Ramdev”. It found a prima facie violation of Provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, which prohibits advertisements for drugs claiming to “prevent or cure” 54 diseases listed in its schedule. This includes cancer, cataracts, diabetes, obesity, lupus, tumors, and heart diseases.
Rohatgi objected to the court’s move saying “violation of the law is not contempt.” He further asked, “How does Ramdev come into the picture?”
However, the court did not pay heed to it.
Also Read: Before Supreme Court order, Kerala doctor Babu KV led the fight against Patanjali’s misleading ads
‘How can you claim permanent relief’
Hearing the petition 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 they would not make any such ads in the future.
When the Supreme Court heard the petition in February, senior advocate P.S. Patwalia, appearing for IMA, told the court that after it had passed an order in November last year, a press conference was organised by Ramdev and Balkrishna, who made misleading claims again. He also told the court about Patanjali advertisements claiming that it has permanent cures for diabetes, blood pressure, asthma, arthritis, and glaucoma.
The court had then imposed a temporary ban on Patanjali from advertising or branding certain products claiming to cure diseases or disorders specific under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.
It had also asked the central government to file an affidavit on the steps it has taken against Patanjali under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. In the court, the central government’s officer told the court that states have to take action under the law against such advertisements.
(Edited by Uttara Ramaswamy)