Misleading Ads : Supreme Court Closes Contempt Case Against Patanjali, Baba Ramdev & Acharya Balkrishna Accepting Apology, Gives Stern Warning

The Supreme Court today closed the contempt proceedings pending against Patanjali Ltd, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev over the publication of misleading medical advertisements in breach of a court undertaking. While the notices issued to the contemnors were discharged, the Court warned that they should comply with all future orders of the court and not repeat their past conduct.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah, which had reserved orders on May 14, delivered the judgment. Justice Kohli, who pronounced the judgment today, said that proceedings are being closed accepting the apology tendered by the parties, taking into account the steps taken by the parties to purge themselves of contempt.

At the same time, the Court sternly warned that if Patanjali does anything in future in violation of the Court orders, as it happened earlier, the Court would reopen the proceedings.

To recap briefly, the contempt case arose out of a petition filed by the Indian Medical Association against Patanjali's advertisements attacking allopathy and making claims about curing certain diseases. On the top Court's reprimand, Patanjali had assured in November 2023 that it would refrain from such advertisements.

However, noting that the misleading advertisements continued, the Court issued contempt notice to Patanjali and its MD in February. In March, considering that reply to the contempt notice was not filed, the personal appearance of Acharya Balkrishna as well as Baba Ramdev, who featured in the press conferences and advertisements published after the undertaking, was ordered by the Court.

Subsequently, the Patanjali MD filed an affidavit saying that the impugned advertisements were meant to contain only general statements but inadvertently included offending sentences. It was further stated that the advertisements were bona-fide and that Patanjali's media personnel was not “cognizant” of the November order (where undertaking was given before the top Court).

The affidavit also contained an averment that the Drugs and Magic Remedies Act was in an "archaic state" as it was enacted at a time when scientific evidence regarding Ayurvedic medicines was lacking.

Subsequently, Baba Ramdev and Acharya Balkrishna tendered apology affidavits to the court, but the same were rejected, noting that they were not unqualified or unconditional.

On April 16, Baba Ramdev and Acharya Balkrishna personally appeared before the Court and expressed unconditional apology for publishing misleading advertisements and making comments against Allopathic medicines in breach of undertaking given to the Court.

Insofar as the apology published by Patanjali in certain newspapers, the Bench initially expressed dissatisfaction with the language of the apology and its size. After the court's rap, Patanjali published another apology in newspapers, this time giving its own name alongside that of Baba Ramdev and Acharya Balkrishna.

On April 30, the bench observed that there was a marked improvement in the published apology. Later, the orders were reserved in the matter.

Case Title: In Re: Patanjali Ayurved Limited, through its Managing Director, Acharya Balkrishna, Baba Ramdev, SMC(C) No.4/2024

Citation : 2024 LiveLaw (SC) 573

Click here to read the judgment