The Supreme Court on Tuesday issued summons to appear in person to Baba Ramdev, co-founder of Patanjali and Acharya Balakrishna, the managing director (MD) of Patanjali Ayurved Ltd for failing to reply to its show-cause notice in a contempt proceeding over misleading advertisements of the company. The bench of justice Hima Kohli and justice Ahsanuddin Amanullah allowed the Union government to file a fresh reply. The SC was hearing a petition filed by the Indian Medical Association (IMA) alleging a smear campaign by Baba Ramdev and Patanjali Ayurved against the COVID-19 vaccination drive and modern medicine.
The bench remarked that Baba Ramdev and Acharya Balkrishna are prima facie in violation of Sections 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
According to
a report from Bar & Bench, the apex court passed the order, despite strong opposition by senior counsel Mukul Rohtagi, who represented Patanjali.
"How can you be in the teeth of our orders?" justice Kohli says as the SC asked Baba Ramdev and Acharya Balkrishna to file their replies.
Mr Rohtagi protested and asked, "How does Ramdev come into the picture?"
The bench replied, "You are appearing. We will see on the next date. Enough."
During the hearing, when justice Kohli asked about the memorandum of understanding signed between the Union ministry of Ayush and the Advertising Standards Council of India (ASCI), additional solicitor general of India (ASG) KM Nataraj stated that under Section 8 of the Act, the execution part is done by the state government and the ministry cannot do the implementation.
"Prima facie, this Court is of the view that Patanjali Ayurveda is in violation of the undertaking...Issue notice as to why the contempt proceedings should not be initiated against Patanjali Ayurveda and its managing director (Acharya Balakrishna)...A detailed affidavit shall be filed by the Union (government) for the steps taken in terms of the last order. If the court is not satisfied with the steps, appropriate orders will be passed," the bench says.
The bench of justice Amanullah and justice Prashant Kumar Mishra had said, "All such false and misleading advertisements of Patanjali Ayurveda have to stop immediately. The Court will take any such infraction very seriously, and the Court will also consider imposing costs to the extent of Rs1 crore on every product regarding which a false claim is made that it can 'cure' a particular disease."
The apex court also pulled up Patanjali Ayurveda for its regular advertisement making false claims against evidence-based medicines.
The bench stated that it did not wish to make the issue of an allopathy vs Ayurveda debate but wanted to find a real solution to the problem of misleading medical advertisements.
Directing Patanjali Ayurveda to not publish such advertisements in the future and also to avoid making such claims to the media, SC noted that, ultimately, a solution was needed regarding misleading medical advertisements.
In August 2022, the SC had questioned Baba Ramdev on his attempt to discredit allopathy and its practising doctors during the coronavirus pandemic. IMA also initiated multiple criminal proceedings against the yoga guru. He was booked under various Sections of the Indian Penal Code (IPC), including Sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) and 504 (intentional insult with intent to provoke breach of the peace).
In May 2021, the IMA also wrote to prime minister (PM) Narendra Modi, demanding action against Baba Ramdev for his alleged misinformation campaign on vaccination and challenging government protocols for the treatment of COVID-19.
In its letter, IMA says, "Misinformation campaign on vaccination by Patanjali owner Ramdev should be stopped. In a video, he claimed that 10,000 doctors and lakhs of people have died despite taking both doses of vaccine. Action under sedition charges should be taken against him."
