New Delhi: Yoga guru Ramdev and Patanjali MD Acharya Balkrishna arrive at the Supreme Court for hearing on the Patanjali misleading advertisements case, in New Delhi, Wednesday, April 10, 2024.
Credit: PTI Photo
Yoga guru Ramdev & Patanjali Ayurved's MD Acharya Balkrishna arrive at Supreme Court
Supreme Court to hear contempt case against Patanjali Ayurved over misleading medical ads shortly
Patanjali MD Acharya Balkrishna and Baba Ramdev are directed to be personally present before the Court.
A day prior, Ramdev and MD Acharya expressed "unconditional and unqualified" apology to Supreme Court
Yoga guru Ramdev and managing director of Patanjali Ayurved Ltd Acharya Balkrishna have tendered "unconditional and unqualified apology" before the Supreme Court over advertisements issued by the firm making tall claims about the medicinal efficacy efficacy of its products.
A Bench of Justices Hima Kohli and Ahsanuddin Amanullah to hear the matter
Case recap
The contempt case stems from the Indian Medical Association's petition against Patanjali's advertisements criticizing allopathy and claiming to cure diseases.
Despite Patanjali's assurance last November to cease such ads, they persisted.
Consequently, on February 27, the Court issued a contempt notice to Patanjali and its MD, also restraining them from advertising products covered by the Drugs and Magic Remedies Act 1954.
In March, as no response to the contempt notice was received, the Court summoned Patanjali's MD and Baba Ramdev. The MD later submitted an affidavit asserting that the controversial ads were intended as general statements but inadvertently included offensive content.
They claimed the ads were well-intentioned and that Patanjali's media team was unaware of the November order.
The affidavit also criticized the outdated nature of the Drugs and Magic Remedies Act. Despite this, the Court expressed dissatisfaction with the MD's affidavit, deeming it "perfunctory" and "mere lip service".
Both Baba Ramdev and the MD were present at the last hearing, where they were given a final chance to submit a proper affidavit.
(Live Law)
Hearing to commence shortly
Sr Advocate Vipin Sanghi (for Patanjali), Solicitor General Tushar Mehta and ASG KM Nataraj are present in court.
(Live Law)
Bench says not satisfied with the apology filed
Free advice is always accepted like that. We are not satisfied with affidavit filedBench
2 affidavits have been submitted, one by Patanjali and its MD other by Baba Ramdev
Adv Patwalia points out that SC website says PDF download not permissible
Till the matter hit the news, this Court did not have benefit of affidavit. Brought into public domain before placed before this courtJustice Kohli
'Till the matter hit the Court, the contemnors did not find it fit to send us the (fresh apology) affidavits. They sent it to the media first, till 7.30 pm yesterday it was not uploaded for us. They believe in publicity clearly,' she said.
Adv Rohatgi reads MD Acharya's affidavit
'I hereby tender unqualified and unconditional apology. I undertake to comply with statement. I state no lapse will occur in future... I did not have intention to violate the order,' affidavit reads.
Justice Kohli raps counsel, says matter being taken lightly
In contempt matter, when you seek exemption saying I have a ticket to travel abroad, then you are saying I don't have it? You're taking the process very lightlyJustice Kohli
Rohatgi says ticket was in annexure and only came the next day.
(Live Law)
'Perjury is committed, you've given your explanation, we will consider:' justice Amanullah
Roahtgi reads out second affidavit, filed by Baba Ramdev, tendering 'tender unconditional and unqualified apology' over misleading ads.
'Deliberate violation of undertaking:' Justice Kohli whacks counsel, says 'be ready for something next to rejection of affidavit'
Adv Rohatgi pleads, says 'people make mistakes' but is quickly countered by the Bench which said 'Then they suffer. We don't want to be so generous in this case'
Why should we not treat your apology with same disdain as shown to court undertaking? We are not convinced. Now going to turn down this apology... Now a message must go to society. Look at the reply of State. We are making it a part of your conduct. What kind of medications have you been coming out with!Justice Kohli
(Live Law)
Justice Kohli questions if regulations are above the Act and if Patanjali was under impression that it had protective umbrella in form of HC order
Justice Kohli also raps SG Mehta, asks what was he doing 'when they violated statements...Sit and wiggle your thumbs?'
Justice Amanullah asks for reply on everything, wonders why should all officers of licensing Authority not be placed under suspension
We are not going to let you free. All complaints were forwarded to you. Take note, we want reply on everything. Union says it's not my domain. It goes back and forthJustice Amanullah to Sr Adv Dhruv Mehta
Justice Kohli points legible fingers at Drug Officers, Licensing Authority, says 'officers have done nothing'
'Keeping your eyes shut deliberately,' SC stern towards Uttarakhand authorities allowing violations pass unchecked
On Divya State Authority's statement over suggestive nature of advertisements, Justice Kohli says:
Why should we not think you are in cahoots with alleged contemnors? You are keeping your eyes shut deliberatelyJustice Kohli to State Licensing Authority
They thump under your nose, you accept this? There are companies older than them dealing in Ayurveda medicines...Justice Kohli
(Live Law)
SC pulls up Uttarakhand drug authorities, asks why no action was taken despite clear mention of 'suggestive nature' of content
They say purpose of advertisement was to keep people connected with Ayurvedic medicines, as if they are the first ones in the world to come up with Ayurvedic medicinesJustice Kohli
Court pulls up Jt Director of State Licensing Authority, says its matter of Public Health
On his 'misconceptions' regarding Drug and Magic Remedies Act, the court asks how long has he been on the position. Jt Director proclaims it all happened before his joining, to which Justice Kohli clearly mentions that his signature is there in the letter being talked about. "What kind of behaviour is this? We will make you abettors," Court tells him.
The State Licensing counsel asserts their misguided assumptions based on Mumbai HC interim order, which are quickly rubbished by the Justice. "We are aware how these follies are committed," the Court says.
As state counsel assures of action, Bench says 'Now you've waken up...within 30 minutes in Court'
Bench points out that 'everything was done on paper' but no action taken
You have done everything on paper. You said thrice license will be cancelled, but for 2 years you did nothing. Common man will come to you with application?Justice Amanullah
SG Mehta says 'on a lighter note' that the order may be black and white, not red; bench asks if he is suggesting order should be tempered with mercy
Justice Kohli dictates order
"The proposed contemnors have filed fresh affidavit on April 6, tendering unconditional and unqualified apology and sought pardon for the breach of statements made by them...Having regard to entire history, we have expressed our reservations about accepting the latest affidavit filed. We have also pointed out that even after show cause notices, the proposed contemnors attempted to wriggle out of physical appearance.This is most unacceptable."
State Licensing Authority has also filed a detailed affidavit trying to explain action taken regarding objectionable ads. We are appalled to note that except pushing file, nothing has been done. In 4-5 years, State Licensing Authority remained in deep slumber.Justice Kohli
(Live Law)
Court finds concerned Officer of State Licensing Authority, predecessors, 'complicit'; asks them to file affidavit explaining 'inaction' within 2 weeks
She further said that even if concerned officer took over post in June 2023, he had enough time to act. Court further proclaimed all predecessors equally complicit.
Instead of taking action on Divya Pharmacy, SLA informed Union of India that it should issue a warning: Court Order
The Bench said it is inclined to issue notice to deponent and his predecessor. However, 'we are refraining for the present,' Justice Kohli said.