Supreme Court Closes Contempt Proceedings Against IMA President Accepting His Apology For Remarks Against Court

The Supreme Court on Wednesday (January 15) closed contempt proceedings against the Indian Medical Association (IMA) President, Dr. RV Asokan, over his remarks made in a media interview against the court's observations on unethical practices by IMA members.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan accepted an apology tendered by Dr. Asokan and concluded that no further action was necessary. Today, the Counsel appearing for Dr. Asokan informed the court that an apology has been published on the newspapers, on the website, and the IMA newsletter.“In view of the apology tendered and affidavits filed by the president, no further action is contemplated”, the Court held.The contempt proceedings arose during the Supreme Court's hearing of a case filed by the IMA against Patanjali Ayurved, its co-founder Baba Ramdev, and MD Acharya Balkrishna, over misleading medical advertisements targeting allopathic medicine. Patanjali had provided an undertaking to the Court to refrain from publishing such advertisements but continued to issue them, leading to contempt proceedings.While adjudicating the case, the Court turned its focus on complaints regarding unethical practices by some members of the IMA. In April 2024, a bench of Justices Hima Kohli and Ahsanuddin Amanullah cautioned the IMA, asking it to address such complaints and “put its house in order.” The Court also impleaded the National Medical Commission to assist in monitoring practices by allopathic doctors.The controversy involving Dr. Asokan began when he criticized the Supreme Court's observations on unethical practices by IMA members in an interview with the media. Senior Advocate Mukul Rohatgi, representing Patanjali, flagged the interview to the Court on April 30, 2024, describing it as “disturbing” and alleging that Dr. Asokan's remarks undermined the dignity of the Court. Justice Amanullah called the matter “serious” and cautioned the IMA to prepare for consequences.Patanjali's MD, Acharya Balkrishna, filed an application seeking action against Dr. Asokan, asserting that the statements were scandalous and intended to lower the authority of the Court. The Court issued notice to Dr. Asokan on May 7, 2024, impleading him as a co-respondent in the ongoing case.Dr. Asokan appeared before the Court on May 14, 2024, to tender an unconditional apology. However, the bench expressed dissatisfaction with his conduct. The bench emphasized that making comments on sub-judice matters was inappropriate and questioned why Dr. Asokan did not issue a public apology earlier.During subsequent hearings, the Court scrutinized the apology ads published by Dr. Asokan, noting issues with their size and distribution. On August 27, 2024, the bench directed Asokan to submit physical copies of the apology ads published in various editions of The Hindu newspaper for its review.After considering Dr. Asokan's apology and the affidavit filed in his defense, the Court decided on January 15 to discharge the contempt proceedings, bringing the matter to a close. The Court also warned that it will initiate contempt proceedings against states and union territories that fail to take action against misleading advertisements and medical claims that run contrary to law.Case no. – W.P.(C) No. 645/2022Case Title – Indian Medical Association v. Union of IndiaClick Here To Read/Download Order

Supreme Court Closes Contempt Proceedings Against IMA President Accepting His Apology For Remarks Against Court

Amisha Shrivastava

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