New Delhi: Patanjali founder Baba Ramdev and co-founder Acharya Balkrishna personally apologised to the Supreme Court Tuesday, with an assurance that their company Divya Pharmacy – the Patanjali Trust unit that manufactures Ayurvedic products – would adhere to its undertaking not to violate the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
Both Ramdev and Balkrishna are facing contempt because Divya Pharmacy continued to advertise some of its products while the 1954 law specifically prohibits publicising drugs for those diseases the act lists as incurable.
Divya Pharmacy had promised the court it would refrain from advertising these products in November last year. But upon the violation of this undertaking, the top court in February issued contempt notices to the two, directing them to appear personally in court.
Tuesday was the first time that the two-judge bench of justices Hima Kohli and Ahsanuddin Amanullah conversed with Ramdev and Balkrishna though both have appeared twice in the past.
During the interaction, both claimed ignorance of the law, even as they made an attempt to convince the court that their medicines were based on research.
Senior advocate Mukul Rohatgi, appearing for the two as well as Divya Pharmacy, offered to give a public apology to show “contrition”. “I am willing to give a public apology to show contrition and tell the public that it is not that I am doing some lip service in court,” Rohatgi said, adding that his clients would publish the apology in newspapers.
However, the bench made it clear that the “proposed contemnors” were free to take whatever steps they wanted to but the court would take steps against them for breaching their own promise and a judicial order.
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While speaking with Baba Ramdev in Hindi, Justice Kohli said: “We are not saying we will forgive you. We cannot be blind to your earlier history; we will think about your apology. You are not so innocent that you are completely unaware of what was going on in court. At this moment, we are not saying they are off the hook.”
The court then ordered: “The proposed contemnors will take some steps on their own initiative and unilaterally. The counsel requests one-week time to come back with the same. The court also interacted with the proposed contemnors at the request of Respondents 5&6 (Balkrishna and Ramdev). List on 23 April top of the list.” It went on to direct both of them to be present on the next date.
The judges appeared to have softened compared to the last hearing when they reprimanded the Uttarakhand government for its inaction against Divya Pharmacy, despite the Centre’s repeated missives to it. The bench had also rejected the “unconditional apology tendered by Ramdev and Balkrishna”.
On Tuesday both the judges first praised Ramdev for popularising yoga and Ayurveda not just in India but internationally as well. While that was their philanthropic activity, Divya Pharmacy, Justice Kohli told Ramdev, was a business venture, which, she added, he could not deny.
Hence, the judge said, the company had to follow the existing regulations and not issue advertisements of medicines that are barred under the 1954 law.
Ramdev told the judges his apology, submitted to the court in the form of an affidavit, was earnest. He accepted that since he has a large following, he should have been more alert. “I am not happy that such things happen. It happened on impulse. Will not do in future,” he assured the bench.
Balkrishna tried to justify the alleged contemptuous act by claiming it was not deliberate. He was stopped from addressing the court further on this account with Justice Amanullah saying he cannot justify a wilful default on their part.
Further, the court also advised the two to restrain themselves from disparaging modern medicine. “You are doing a good job, they are also doing a good job. You focus on your work, what do you have to do with their work?” Justice Amanullah said, prompting Ramdev to concede there has been a deep divide between traditional and modern science and this should not exist.
(Edited by Tikli Basu)
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