Supreme Court Issues Notice On Baba Ram Dev's Plea Against Criminal Action Over Alleged Anti-Allopathy Remarks During COVID

The Supreme Court on Monday(October 9) issued notice on yoga guru and Patanjali Ayurved founder Ram Dev's plea for protection against coercive action in criminal proceedings initiated against him for his alleged remarks questioning the efficacy of modern medicines like remdesivir and fabiflu and linking them with COVID-19 deaths.

A bench of Justices AS Bopanna and MM Sundresh was hearing a writ petition filed by Ram Dev praying, inter alia, for the first information reports (FIR) filed against him in various places to be clubbed together and transferred to Delhi, or be quashed.

Senior Advocate Siddharth Dave, appearing for the yoga guru, argued that his comments about allopathy medicines did not amount to any offence under the Indian Penal Code or any other act. "He may not believe in a particular form of medicine or a form of science. This may also offend doctors practising the form of medicine. But no offence is made out. He also withdrew the statement the next day," the senior counsel told the bench.

"Do you want us to quash the FIRs or consolidate them? You cannot have both. If you want to quash, the remedy lies in a different forum," Justice Sundresh said. In response, Dave relied on the decision in Arnab Goswami, to contend that a petition against multiple criminal proceedings in different states resulting from a single statement can be filed in the Supreme Court. "The statement is one, but people in different states have taken offence to it. There is one FIR in Patna. The other one is in Chhattisgarh. There are various other complaints made by various doctors and associations in other places."

On the contrary, Senior Advocate PS Patwalia, representing the Indian Medical Association, raised objections regarding the prayers in the petition -

"One complaint is in Patna and another is in Raipur, the causes of action are different, but he has asked them to be clubbed and transferred to New Delhi. But there no criminal proceedings are ongoing in New Delhi. The next prayer is for quashing a list of complaints. Those complaints are not on the record. One or two have been filed, but others do not exist. His petition is similar to the statement he has made...This kind of a petition cannot be filed at all."

"I do not think such comments should be made," Dave protested, taking exception to the aspersions cast on the petition.

Patwalia continued, "Please see our affidavit and the very serious nature of the allegations. During the time of the pandemic, [Ram Dev] came out with a medicine called Coronil and started making false statements that it cured COVID-19."

"No notice has been issued. I don't know how an affidavit has been filed by them," Dave argued, pointing to the pendency of this plea since June 2021. "The Indian Medical Association is jumping the gun and coming here without notice being issued," the senior counsel added.

In the end, the court acceded to Dave's request to issue notice and sought the responses of the Union of India, Bihar and Chhattisgarh governments, and the Indian Medical Association. Justice Bopanna pronounced, "Issue notice to the respondents. Simultaneously, service is to be affected on the standing counsel of the State of Bihar and the State of Chhattisgarh."

Swami Ram Dev was represented by Senior Advocate Siddarth Dave, assisted by Advocate Vidhi Thaker, while Advocate Rajat Nair appeared for the union government. Indian Medical Association HQ was represented by Senior Advocate PS Patwalia who was assisted by Advocate Prabhas Bajaj, and the Bihar chapter of the association was represented by Advocate Shivam Singh assisted by Advocate Manish Kumar.

Background

Although Ram Dev later reportedly withdrew his statement, his controversial remarks led to multiple criminal proceedings being initiated against the petitioner. Alleging that these are driven by personal and political interests, the yoga guru has approached the Supreme Court seeking protection against the threat of arrest and coercive actions. 

In August of last year, the Supreme Court pulled up Ram Dev for his comments disparaging modern medical systems, while hearing a petition filed by the Indian Medical Association, seeking measures to counteract what they referred to as a 'smear campaign' and negative advertisements against COVID-19 vaccinations and modern medicine. The court also issued notice and sought the responses of Patanjali Ayurved, the union government, the union health ministry, and others.

Earlier that month, the Delhi High Court had also asked the yoga guru to refrain from making misleading claims about allopathy during the hearing of a suit filed by several doctors' associations alleging that Ram Dev had spread misinformation about COVID-19 treatment through his statements.

Case Details

Swami Ram Dev v. Union of India & Ors. | Writ Petition (Criminal) No. 265 of 2021