'Will rip you apart': Supreme Court raps Uttarakhand licensing body, rejects Ramdev's apology

The contempt case stems from the Indian Medical Association's petition against Patanjali's advertisements criticizing allopathy and claiming to cure diseases.

New Delhi: The Supreme Court on Wednesday once again declined to accept the unconditional apologies tenders by Yoga Guru Swami Ramdev and Patanjali's MD Acharya Balkrishna for their wilful, and deliberate disobedience of undertaking in relation to misleading advertisements claiming cures for various diseases.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah said a message should go to the society at large. The court also felt the apology came when they found their back against the wall for issuing the advertisements.

"We are also concerned with all FMCGs who are making people walk the garden path," the bench said.

Taking up a petition filed by Indian Medical Association, the bench said, "We decline to accept this affidavit. It was deliberate and wilful. They have to suffer consequences. We don't want to be generous in this case."

"Why should we not treat your apology with the same disdain as shown to court undertaking," the bench asked senior advocates Mukul Rohatgi and Balbir Singh, appearing for contemnors, who referred to second affidavits by Ramdev, Balkrishna and the company tendering unqualified and unconditional apology.

The bench, however, "We are not convinced."

The court said they are taking the proceedings very lightly and also pointed at the attempts made by them to wriggle out from the personal appearance citing their foreign trips.

The bench noted Ramdev and Balkrishna tried to evade personal appearance before the court by making false claims of travel abroad. The bench said in the affidavit affirmed on March 30, flight tickets dated March 31 were annexed and when the affidavit was sworn, flight tickets were not in existence.

The bench also took an exception to the Uttarakhand Licencing Authority's inaction and failure to take any action against Divya Pharmacy despite letters issued by the Union government.

"We will rip you apart," the bench told the officer, who was personally present in the court.

The bench said the state authorities were hand in glove with the company, while asking for suspension of the concerned officers. The department was acting like a post office, it said.

The court severely reprimanded Joint Director Mithlesh Kumar for inaction and sought a response from him and his predecessors as to what action they took into the matter, except issuing a warning, going against the mandate of law.

"We are appalled to note except for pushing the files, they did nothing.

There was a clear attempt to pass the buck and to delay the matter.

In all these years, state licencing authority remained in deep slumber," the bench said.

"This is deliberate, and absolute folly on the part of licensing authority," the bench said.

"We are inclined to issue contempt notice but are refraining at present. They should file an affidavit within four weeks," the bench said.

The court fixed the matter related to contempt action against Ramdev and Acharya Balkrishna on April 16 and against the Uttarakhand State licencing authority on April 30.

On April 2, the court had rejected an apology by Baba Ramdev and Acharya Balkrishna for having violated the provisions of Section 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, read with Rule 6 of the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955.

On March 19, the Supreme Court took an exception to failure of Ramdev and Acharya Balkrishna to file a response to the contempt notice and sought their personal presence before the court on next date of hearing, April 2.

On February 27, 2024, the court had slammed the Centre for its inaction against Patanjali's "misleading and false" advertisements claiming cure for various diseases and restrained the company run by Baba Ramdev.

On November 21, 2023, the apex court had cautioned Patanjali Ayurved against making "false" and "misleading" claims in advertisements about its medicines as a cure of several diseases.

Indian Medical Association sought action against Baba Ramdev and Patanjali Ayurved for defaming allopathy medicine.