Baba Ramdev appeals Against Criminal Action Over Alleged Anti-Allopathy Remarks During COVID pandemic, SC issues notice

New Delhi: The Supreme Court bench comprising Justices AS Bopanna and MM Sundresh on Monday issued notice on the plea by Patanjali founder Ram Dev seeking 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.

Filing the plea before the Apex Court bench, the Baba Ramdev prayed that the first information reports (FIR) filed against him in various places to be clubbed together and transferred to Delhi or be quashed.

Medical Dialogues had earlier reported that seeking a stay on the proceedings in multiple cases lodged against him in various states over his alleged remarks on the efficacy of allopathy in the treatment of Covid-19, Yoga guru Ramdev had approached the Supreme Court back in 2021.

In the writ petition, Ramdev had sought protection from coercive actions in FIRs lodged by Indian Medical Associations' (IMA) Patna and Raipur branches, and transfer of FIRs to Delhi. He had also sought clubbing and consolidation of FIRs and stay of the proceedings.

The Patna and Raipur chapters of the IMA lodged complaints against Mr. Ramdev alleging that his remarks are likely to cause prejudice to the COVID-19 control mechanism and may dissuade people from availing proper treatment against the pandemic. The yoga guru had been booked under various provisions of the Indian Penal Code and the Disaster Management Act, 2005. Sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to an infection of disease dangerous to life) and 504 (intentional insult with intent to provoke breach of the peace) of the IPC had been invoked against him.

Also Read: Submit Original Video, Transcripts of 'allopathy' remark: Supreme Court tells Baba Ramdev

The feud erupted after Ramdev was allegedly heard saying in a video, "Allopathy is a stupid science and medicines such as Remdesivir, Fabiflu, and other drugs approved by the Drugs Controller General of India have failed to treat COVID-19 patients." His remarks caused massive outrage and the IMA sent over a legal notice to him.

As per the latest media report by Live Law, while considering the plea by the Yoga Guru seeking the FIRs against him get clubbed together, transferred to Delhi or quashed, the counsel for the Yoga Guru, senior advocate Siddharth Dave, who appeared for Yoga Guru Ramdev, contended that his comments about allopathy medicines did not amount to any offence under the Indian Penal Code or any other act.

The senior counsel informed the bench, "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."

Responding to this, Justice Sundresh observed, "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."

At this outset, responding to the bench, Dave placed reliance on the decision in Arnab Goswami to argue that a plea against multiple criminal proceedings in different states resulting from a single statement can be filed before the Supreme Court bench.

"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," he submitted.

On the other hand, the counsel for the Indian Medical Association (IMA), Senior Advocate PS Patwalia raised objections against the prayers in the plea and submitted, "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."

Protesting against this, the counsel for the Yoga Guru took exception to the aspersions cast on the plea and submitted, "I do not think such comments should be made."

At this outset, the counsel for IMA submitted, "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."

Responding to this, the counsel for Ramdev referred to the fact that the plea has been pending since June 2021 and contended "No notice has been issued. I don't know how an affidavit has been filed by them." He further submitted, "The Indian Medical Association is jumping the gun and coming here without notice being issued."

Finally, the Court acceded to the request of the counsel for the Yoga Guru and issued notice seeking responses from the Union Government, Bihar and Chhattisgarh Governments, and the Indian Medical Association.

"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," observed the top court bench.

Various medical associations and doctors' bodies flayed Ramdev for belittling the sacrifice of more than 1200 doctors who have laid their lives (since the onset of COVID-19), taking Twitter by storm with hashtag #ArrestQuackRamdev trending with more than 19000 tweets. IMA cited a video of Ramdev which is viral on social media. In the video, Ramdev is allegedly heard saying, "Allopathy ek aisi stupid and diwaliya science hai." He also claimed that "lakhs of people have died after taking allopathic medicines" and that Remdesivir, Faviflu, and all other drugs approved by the Drugs Controller General of India (DCGI) failed in treating COVID-19.

Mr. Ramdev, whose alleged statements created a nationwide debate over Allopathy versus Ayurveda issue, however, had withdrawn his statements on May 23 after receiving a letter from Union Health Minister Harsh Vardhan, who had called his remarks "inappropriate".

Even though he reportedly withdrew his statement, as a result of his controversial statements, multiple criminal proceedings were initiated against him. Last year, the Supreme Court pulled up the Yoga Guru for his comments disparaging modern medical medicines. The Court also issued notice and sought the responses from Patanjali Ayurved, the union government, the union health ministry, and others.

Earlier that month, the Delhi HC bench had asked the Yoga Guru to refrain from making misleading claims about allopathy during the hearing of a suit filed by several doctors' association alleging that Ram Dev had spread misinformation about the COVID-19 treatment through his statements.

Also Read: SC Slams Ramdev over plea by IMA, says he shouldn't criticize other systems of medicine