Supreme Court Orders Personal Appearance Of Patanjali MD & Baba Ramdev In Contempt Case Over Misleading Medical Ads

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 exchangeSenior 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...

Supreme Court Orders Personal Appearance Of Patanjali MD & Baba Ramdev In Contempt Case Over Misleading Medical Ads

Gyanvi Khanna

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