Ramdev's Allopathy Remarks: Delhi High Court Wants Clarity On Commonality Of Issues Between Doctors' Suit & Proceedings Before Supreme Court

The Delhi High Court on Friday deferred the hearing in the suit filed by several doctors' associations against the Yoga guru Baba Ramdev for allegedly spreading misinformation about COVID-19 cure through his statements against allopathy and in favour of Patanjali's product Coronil.

Justice Anup Jairam Bhambhani said that a clarity was required before hearing the suit in view of the proceedings before the Supreme Court concerning a similar subject matter.

The Court was referring to a petition filed in the Supreme Court by the Indian Medical Association seeking to control the "smear campaign" and negative advertisements against the vaccination drive and modern medicines. Earlier this week, the Apex Court had pulled up Baba Ramdev for making statements against modern medicine systems like Allopathy.

During the course of hearing today, Justice Bhambhani asked the parties if it would be appropriate for the High Court to hear the suit when the Supreme Court is seized of the matter, keeping in view the principle of judicial propriety.

Senior Advocate Akhil Sibal for appearing plaintiffs submitted that while he was not aware of the detailed contents of the petition pending before the Supreme Court, there was no order of the Top Court restraining further proceedings in the suit before High Court.

He also argued that the petitioners before the Supreme Court were not the plaintiffs in the instant suit, although some of the respondents/ defendants were common.

Sibal further submitted that the suit has been pending since last year, the application seeking interim relief was part heard and that the relief claimed was urgent and important.

On the other hand, Senior Advocate PV Kapur appearing for the defendants submitted that the issues raised in Supreme Court were similar and therefore prayed that the hearing before High Court be deferred till more clarity is available.

Justice Bhambhani orally told Sibal thus:

"If the same issue is under consideration and looking at the nature of the issue..its not a A v. B or A v. C or C v. B issue. If the essential substance of the matter pending before SC is the same, I would want more clarity before proceeding with the matter. It's like saying there is a PIL pending before me or HC and there is similar PIL pending before SC. So since the SC is seized of the matter, I would want more clarity before I proceed with the matter."

Accordingly, the Court renotified the matter for hearing on August 20, directing the defendants to file a copy of the petition pending in the Supreme Court on record before the High Court. The Court added that it will be taking a call on whether there is commonality between the two matters after perusing the said petition.

"Ultimately I would want clarity whether I should proceed or not on the touchstone of judicial propriety," Justice Bhambhani said.

In the last hearing, the Court told Baba Ramdev that while he is welcome to have followers and people who believe in what he says, however, the public at large must not be mislead by making statements against allopathy.

The court had also asked the yoga guru to refrain from saying anything more than what was official, while speaking in favour of Patanjali's product Coronil.

The plea was moved by the following associations: Three Resident Doctors Association of All India Institute of Medical Sciences at Rishikesh, Patna and Bhubaneswar; Association of Resident Doctors, Post Graduate Institute of Medical Education and Research Chandigarh; Resident Doctors Association Lala Lajpat Rai Memorial Medical College, Meerut; Telangana Junior Doctors Association, Hyderabad; Union of Resident Doctors of Punjab.

According to the plea, Baba Ramdev is creating doubts in the minds of people with respect to efficacy of not only allopathic treatment but also other Covid-19 vaccines.

Furthermore, it was averred that being an influential person, Ramdev's statements can influence the public at large and thereby divert them from opting allopathy treatment which is prescribed as a standard form of care even by the Government.

Case Title: Resident Doctors Association, AIIMS (Rishikesh) & Ors. v. Ram Kishan Yadav alias Swami Ramdev & Ors.