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Supreme Court Orders Personal Appearance Of Patanjali MD & Baba Ramdev In Contempt Case Over Misleading Medical Ads
Gyanvi Khanna
19 March 2024 11:29 AM IST
The Supreme Court on Tuesday ( March 19) directed the personal appearance of Patanjali's Managing Director Acharya Balakrishna and Baba Ramdev (Co-founder of Patanjali). The Bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing a case wherein it previously issued a Contempt notice to Patanjali Ayurved and its MD for continuing to publish misleading advertisements...
The Supreme Court on Tuesday ( March 19) directed the personal appearance of Patanjali's Managing Director Acharya Balakrishna and Baba Ramdev (Co-founder of Patanjali).
The Bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing a case wherein it previously issued a Contempt notice to Patanjali Ayurved and its MD for continuing to publish misleading advertisements regarding medicinal cures. The contempt notice was issued noting that Patanjali continued misleading advertisements despite the assurance given by Patanjali's counsel last November before the Court that it would refrain from making such advertisements.
Today, when the Bench was informed that the reply to the Contempt notice was not filed, it went on to pass an order seeking the personal appearance of Acharya Balakrishna. Further, the Court not only issued Contempt notice to Baba Ramdev but also directed for his personal appearance as well. The Court recorded:
"On the last date of hearing, notice to show cause was issued to the Respondent No. 5(Patanjali) and its Managing Director as to why the contempt of court proceedings should not be initiated against them...a period of two weeks was granted to file a reply and reply is not on record....In view of the aforesaid facts and circumstances, it is deemed appropriate to direct the presence of the MD of Resp 5 on the next date of the hearing. Further, having gone through the advertisements issued by Respondent No. 5 in the teeth of the undertaking given to this Court on 21.11.2023 and on noticing that the said advertisements reflect endorsements thereof by Acharya Ramdev, it is deemed appropriate to issue show cause notice as to why the contempt of proceedings should not be issued against him in view of the fact that this Court is prima facie of the opinion that he has also violated the provisions of Section 3 and 4 of the Drugs and Magic Remedies Act....."
"List on [..],the proposed contemnor/ managing director of respondent no. 5 shall remain present on the next date of hearing along with the newly impleaded proposed contemnor Acharya Ramdev".
Court room exchange
Senior Advocate Mukul Rohatgi appeared for Patanjali, and Senior Advocate PS Patwalia appeared for the Indian Medical Association.
Right at the beginning of the proceedings, Justice Kohli asked: Where is the reply?
To this, Rohatgi replied that the reply couldn't be filed and it was a very short reply.
Justice Kohli rebuffed, saying: That is not good enough for us…we have taken it very seriously. If you are not filing it means that there will be orders and consequences that follow.
Consequently, Justice Kohli also asked the reason for not filing the reply given that a longer timeline for two weeks instead of one week was granted.
Rohtagi: My lords, there was some discussion with the client, he was not [not audible]
Justice Amanullah: And you were in a hurry, you wanted a shorter time
Justice Kohli: …we will direct now that your client will appear in Court on the next date.
Rohatgi also questioned the basis for summoning Ramdev, saying that he was not holding any position within the company. However, Justice Amanullah stated that immediately after the previous Court hearings, there were media statements by Ramdev. Justice Amanullah added that the last time, the Court exercised restraint by not issuing notice to Ramdev and that he deserved no such leniency anymore.
When Rohatgi continued his protests and insisted that the Court should put on record the press materials which it had seen, the bench said that Ramdev has the opportunity to place on record all objections.
The Court was hearing the writ petition filed by the Indian Medical Association. The petition raised concerns over the continuous spread of misinformation regarding allopathy and the modern system of medicine. It also asserted that Patanjali's misleading advertisements disparage allopathy and make false claims about curing certain diseases.
Against this backdrop, the IMA sought to direct the Centre, Advertising Standards Council of India (ASCI), and the CCPA (Central Consumer Protection Authority of India) to take action against such advertisements and campaigns to promote the Ayush system by disparaging the Allopathic system.
It is noteworthy to mention here, that during the last proceedings (February 27), the Court expressed displeasure at the Union Government for not taking action under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 in respect of the advertisements of Patanjali Ayurved claiming cure for several ailments.
Accordingly, the Court, in no uncertain terms, recorded in the order that a detailed affidavit shall be filed by the Union for the steps taken in terms of the last order.
However, today when the Court asked about the affidavit, ASG K.M. Nataraj apprised the Bench that it was filed yesterday. Notwithstanding, it was not on record. Justice Kohli orally asked the ASG “Why did you file it one day before?”
Based on this, the Court also added in its present order that “Further, Ld. ASG appearing for the Union of India had informed the Court that additional affidavit filed by the Union of India was not sufficient and it be permitted to file a fresh affidavit while withdrawing the earlier affidavit. Permission was granted to the Union to file fresh affidavit setting out the steps taken by it in terms of the order passed in Nov 21.11.2023. The said affidavit is also not on record. It is stated that by Ld. ASG that as per his instructions, the affidavit was filed only yesterday at 5:45 pm. No wonder the said affidavit is not on record.”
In this aforesaid background, the Court granted the Union of India the last opportunity to make sure that the counter affidavit filed is on record and that copies are furnished to all the relevant parties.
It may be recalled that previously, on November 21, 2023, the Court reprimanded Patanjali Ayurved for continuing to publish misleading claims and advertisements against modern systems of medicine. Justice Amanullah went on to issue a stern warning of imposing a cost of Rs 1 Crore in case such advertisements are continued.
Following this, the counsel for Patanjali Ayurved assured that they would not publish any such advertisements in the future and would also ensure that casual statements are not made in the Press. The Court recorded the undertaking in its order.
However, given that Patanjali continued to publish such misleading and prima facie flouted this undertaking, the Court issued Contempt notice to Patanjali Ayurved and Acharya Balakrishna (Managing Director of Patanjali).
The Court also restrained Patanjali Ayurved from advertising or branding its products which are meant to address the diseases/disorders specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 in the meantime. It further cautioned Patanjali Ayurved from making any statement adverse to any system of medicine.
Contents Of The Writ Petition
The IMA filed the writ petition, raising concerns over what it termed a "continuous, systematic, and unabated spread of misinformation" regarding allopathy and the modern system of medicine. The petition also asserted that Patanjali's misleading advertisements disparage allopathy and make false claims about curing certain diseases.
The plea referred to a half-page advertisement published on July 10, 2022, titled "MISCONCEPTIONS SPREAD BY ALLOPATHY: SAVE YOURSELF AND THE COUNTRY FROM THE MISCONCEPTIONS SPREAD BY PHARMA AND MEDICAL INDUSTRY."
The IMA contended that while every commercial entity has the right to promote its products, the unverified claims made by Patanjali are in direct violation of laws such as the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019.
Additionally, the petition highlighted previous instances where Swami Ramdev, associated with Patanjali, made controversial statements, including calling allopathy a "stupid and bankrupt science" and making unfounded claims about the deaths of people due to allopathic medicines during the second wave of the COVID-19 pandemic. The IMA further accused Patanjali of spreading false rumors about COVID-19 vaccines and contributing to vaccine hesitancy. Swami Ramdev's alleged mockery and derision of citizens searching for oxygen cylinders during the second wave are also cited in the petition. The petition emphasized that despite the Ministry of AYUSH signing a Memorandum of Understanding (MoU) with the ASCI for monitoring misleading advertisements of AYUSH drugs, Patanjali has continued its alleged disregard for the law, violating the mandate with impunity.
It may be noted that during the earlier proceedings, the Court clarified that it did not wish to make the issue an "Allopathy v. Ayurveda" debate but wanted to find a real solution to the problem of misleading medical advertisements.
Case Title: INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 - / 2022
Click Here To Read/Download Order
