SC rejects apology of Ramdev, MD Balkrishna in misleading ads case

New Delhi: Not convinced by the latest apology, the Supreme Court on Wednesday refused to accept the second affidavits filed by Ramdev and managing director of Patanjali Ayurved Balkrishna tendering unconditional apologies over publishing “misleading” advertisements, asserting they did so when “caught on the wrong foot”. 

Refusing to accept the latest affidavit, the apex court described the apology as "on paper" and questioned the intention of the apology as it asked if the apology was "even heartfelt". Further, the court warned both Baba Ramdev and the company's MD, Acharya Krishan, to brace themselves for potential repercussions.

The court also came down hard on the State Licensing Authority for its inaction on the issue and said it is not going to take it lightly. “We will rip you apart,” a bench of Justices Hima Kohli and Ahsanuddin Amanullah said in an unusually stern reprimand. 

Also read- Your Apology...More Of A Lip Service: SC Slams Baba Ramdev, Patanjali In Misleading Ads Case

Ramdev and Balkrishna have tendered an “unconditional and unqualified apology” before the apex court over advertisements issued by the firm making tall claims about the medicinal efficacy of its products. 

"Apology is on paper. Their back is against the wall. We decline to accept this, we consider it a deliberate violation of undertaking. Be ready for something next to rejection of affidavit," Justice Kohli told Senior Advocate Mukul Rohatgi who represents Patanjali in this case.

When Rohatgi said, "People make mistakes", to which Justice Kohli retorted, "Then they suffer. We don't want to be so generous in this case."

"Why should we not treat your apology with the same disdain as shown to court undertaking? We are not convinced. Now going to turn down this apology," Justice Kohli further remarked.

As per NDTV news report, the bench while undergoing their affidavit noted that Ramdev and Balkrishna sent their apologies to the media first. 

In response to the action, Justice Kohli said, "Till the matter hit the court, the contemnors did not find it fit to send us the affidavits. They sent it to the media first, till 7.30 pm yesterday it was not uploaded for us. They believe in publicity clearly."

Further, Justice Amanullah asked if the apology was "even heartfelt". "What else needs to be said, my lords, we will. He is not (a) a professional litigant. People make mistakes in life," Mr Rohatgi replied. 

"Even after our orders? Tendering an apology is not enough. You should suffer the consequences for violating the court's order. We do not want to be generous in this case," the court said.

The apex court observed that after notices to show cause were issued to them and they were directed to present themselves before it, Ramdev and Balkrishna “attempted to wriggle out” of the situation by making false claims of travel abroad where personal presence was warranted. It is “most unacceptable”, the court said.

“Having regard to the entire history of the matter and the past conduct of the contemnors…, we have expressed our reservations about accepting the latest affidavit filed by them,” the bench said while dictating the order in the courtroom as noted by PTI.

The court fixed the matter for a resumed hearing on April 16.

Reproaching the Authority, the top court said, “We are appalled to note that except for pushing the files, the State Licensing Authority did nothing and was in “deep slumber” over the issue for four to five years. It asked the state’s officer present on behalf of the Authority to explain the reasons for inaction."

While declining to accept the apologies tendered by Ramdev and Balkrishna, the bench said, “We don’t want to be so generous in this case.” “The apologies that are on record are on paper. We think that having been caught on the wrong foot and noticing that their back is actually against the wall and having gone to town saying all kinds of things on the very next day of the order passed where your counsel had given undertaking, we don’t accept this affidavit,” it said. 

“We decline to accept or condone it. We consider it a wilful and deliberate violation of the order and the breach of the undertaking…,” the bench told senior advocate Mukul Rohatgi, who appeared for Ramdev and Balkrishna.

Coming down heavily on the government, the court said, "In 2021, the ministry wrote to the Uttarakhand licensing authority against a misleading advertisement. In response, the company gave a response to the licensing authority. However, the authority let off the company with a warning. The 1954 Act does not provide for warning and there is no provision for compounding the offence,"

"This has happened six times, back and forth back and forth, the licensing inspector remained quiet. There is no report by the officer. The person appointed subsequently acted the same way. All those three officers should be suspended right now," it said, adding that the licensing authority was "in cahoots with the contemnors".

"You are acting like a post office. Did you take legal advice? Shameful of you. Why don't we agree that you are hand-in-glove with Patanjali," the court asked the authority, adding, "you have being playing with people's life".

Following this, the licensing authority apologised to the court and assured that they would surely act on the matter.

On April 2, the top court came down hard on Ramdev and Balkrishna and rejected their previous apology as “lip service”.

It had also questioned the Centre’s alleged inaction over Patanjali’s claims about the efficacy of its products and for denigrating allopathy during the Covid peak and asked why the government chose to keep its “eyes shut”.

The apex court had strongly disapproved of Balkrishna’s statement that the Drugs and Cosmetics (Magic Remedies) Act was “archaic” and said Patanjali Ayurved’s advertisements were in the “teeth of the Act” and violated with impunity the undertaking given to the court.

Medical Dialogues had earlier reported that after issuing a contempt notice on the matter, during the previous hearing of the case on March 19, the Court had passed an order seeking the personal appearance of Acharya Balakrishna and the company's co-founder Baba Ramdev.

The IMA filed a plea seeking to put a stop to the "smear campaign" and negative advertisements by Patanjali against modern medicines and especially the vaccination drive during the pandemic.

The plea specifically referred to an advertisement titled "MISCONCEPTIONS SPREAD BY ALLOPATHY: SAVE YOURSELF AND THE COUNTRY FROM THE MISCONCEPTIONS SPREAD BY PHARMA AND MEDICAL INDUSTRY," published on July 10, 2022. The IMA alleged that Patanjali's advertisements violated laws such as the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019, by making unverified claims.

Moreover, the petition highlighted Ramdev's previous controversial remarks, including denigrating allopathy as a "stupid and bankrupt science" and spreading false information about deaths due to allopathic medicines during the COVID-19 second wave. Patanjali was also accused of contributing to vaccine hesitancy and belittling citizens seeking oxygen cylinders during the pandemic's peak.

Despite a Memorandum of Understanding between the Ministry of AYUSH and the Advertising Standards Council of India (ASCI) aimed at monitoring misleading advertisements of AYUSH drugs, Patanjali continued allegedly violating laws with impunity, the petition added.

Patanjali Ayurved Ltd had assured the top court on November 21, 2023, that it will not violate any law, especially the laws relating to advertising or branding of products. Even though Patanjali had assured the top court bench that no such statements would be made, the practice continued.

On March 19, the apex court directed Ramdev and Balkrishna to appear before it after taking exception to the company’s failure to respond to the notice issued in the case relating to advertisements of the firm’s products and their medicinal efficacy.

The top court had said it deemed it appropriate to issue a show cause notice to Ramdev as the advertisements issued by Patanjali, which were in the teeth of the undertaking given to the court on November 21, 2023, reflect an endorsement by him.

Last month, Balkrishna had tendered an unqualified apology to the apex court for advertising the herbal products of the firm claiming their medicinal efficacy in treating several serious diseases and running down other systems of medicine. 

Also read- Misleading Ads Row: Patanjali MD Acharya Balkrishna Tenders Unqualified Apology