Your apology...more of a lip service: SC Slams Baba Ramdev, Patanjali in Misleading Ads Case
New Delhi: Coming down heavily on the misleading ads matter, the Supreme Court today refused to accept the apology tendered by Patanjali's Managing Director (MD) by terming it as "perfunctory". Further, while considering the contempt plea filed by the Indian Medical Association (IMA), the Apex Court described the acts of Baba Ramdev after giving the undertaking, to be in absolute defiance of the Supreme Court's order.
Slamming the yoga guru Ramdev and Patanjali MD Balkrishna for their "absolute defiance" in not filing proper affidavits of compliance in the misleading advertisement case and breaking "every barrier", the Apex Court also disapproved of the Patanjali MD’s statement that the Drugs and Cosmetics (Magic Remedies) Act is "archaic".
"Not just the Supreme Court, every order passed by the courts across this country has to be respected … this is absolute defiance," the top court bench comprising Justices Hima Kohli and Ahsanuddin Amanullah was quoted noting by PTI.
"You have to abide by undertaking given to court and you have broken every barrier," the bench told Ramdev and the Patanjali MD, who were present in person.
These observations were made by the top court bench while considering the plea filed by IMA against Patanjali's "smear campaign" and negative advertisements attacking modern medicines.
Also Read: Misleading Ads row: Patanjali MD Acharya Balkrishna tenders unqualified apology
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 yoga guru also featured in the press conferences and advertisements published after submitting an undertaking to the Court.
As per the latest media report by Live Law, during the hearing of the case today, the counsel for Baba Ramdev informed the bench that the parties were physically present today and ready to apologize in person.
Senior advocate Balbir Singh, appearing for Ramdev, urged the court to take note of the presence of the yoga guru and his unconditional apology.
What has happened should not have happened, Solicitor General Tushar Mehta told the court and offered to help the counsel for parties to find a solution to the whole issue. However, the Court did not accept this submission saying that if the parties wanted to apologize then they should have filed proper affidavits.
"You should have made sure affidavit is filed in pursuance of your solemn undertakings," Justice Kohli told the counsel for Balkrishna.
"Sometimes things should reach logical conclusion," the bench said at the outset of the proceedings when the counsel for Patanjali and others sought some more time for filing the affidavits of compliance.
The bench granted a last opportunity to Ramdev and Balkrishna to file their affidavits in the matter in one week. While posting the matter for further hearing on April 10, the bench directed that both of them shall remain present before it on the next date.
Live Law adds that the Court took exception to the explanation given in MD Acharya Balkrishna's stating that the media department of the company was not aware of the order passed by the Supreme Court.
Expressing its displeasure to the counsel for Patanjali Senior Advocate Vipin Sanghi, Justice Kohli opined that the MD cannot "feign ignorance" adding that the media department cannot be regarded as a "standalone island".
Justice Kohli questioned, "Once there are undertakings given to the court then whose duty it is to convey to the entire chain down the line?"
The counsel for Patanjali agreed that there had been a lapse and also expressed his regret regarding the issue. Responding to this, Justice Kohli observed, "your regret may not be sufficient for the Court. It amounts to the gross violation of the undertaking given to the highest court of the land, which is not to be taken lightly."
"Just to say that now you are sorry, we can also say that we are sorry. We are not willing to accept such an explanation... that your media department is not a standalone department, is it? That it would not know that what is happening in the Court proceedings," the bench further noted.
Justice Kohli was quoted observing by Live Law that this apology is not persuading the Court and it is more of a lip service.
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.
