SC rejects Patanjali Ayurved’s apology in the publication of misleading medical advertisements case and says, “we consider it a deliberate violation of undertaking”
On April 10, 2024, the Supreme Court (SC) of India rejected the second affidavit filed by Patanjali Ayurved’s Co-founder Baba Ramdev and its Managing director Acharya Balkrishna expressing an ‘unconditional and unqualified apology’ in the contempt case regarding the publication of misleading medical advertisements. The bench constituting Justice Hima Kohli and Justice Ahsanuddin Amanullah said, “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.” Senior Advocate Mukul Rohatgi who appeared on behalf of Patanjali said, ‘People make mistakes’ to which Justice Kohli replied, “Then they suffer. We don’t want to be generous in this case.” She further remarked “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.”
Also, the SC pulled up the Uttarakhand licensing authority to not take appropriate action against Patanjali. The bench said “We are appalled by the action of the State Licensing Authority and it shows nothing apart from pushing the files and the clear attempt by State Licensing Authority was there to delay the matter. The State Licensing Authority remained in deep slumber and the person who holds the position of the Joint Director is holding the post since 9 months and it is enough to be aware of the matter. The predecessor is also complicit in the case and he is to file an affidavit explaining the conduct on his part when misleading ads were being given by Divya Pharmacy (Patanjali) in violation of the Act. The disdain shown by Divya Pharmacy to the warnings of the State Authority is apparent from tone and tenor of the reply.” Further, the top court told Senior Advocate Dhruv Mehta who appeared for the State “Mr Dhruv Mehta.. what did the officers do apart from pushing files...strong objection to resorting to bona fide of the officers, we will not take it lightly. We will rip you apart on bona fide.” During the proceedings, Justice Kohli pointed out, “Till the matter hit the Court, the contemnors did not find it fit to send us the (fresh apology) affidavits. They sent it to the media first. Till 7:30 pm yesterday it was not uploaded for us. They believe in publicity clearly.”
The order reads, “We have expressed our reservations about accepting the latest affidavit filed. We have also pointed out that even after show cause notices, the proposed contemnors attempted to wriggle out of physical appearance. The fact remains that when affidavits were sworn, there were no such tickets existing and this shows they were trying to wriggle out of the situation which is most unacceptable. The Union has also filed a detailed affidavit explaining the action taken by the authority on the Central government…Divya Pharmacy stated that object of the ad was to keep people connected with Ayurveda and that it was only suggestive in nature. This is in teeth of the Drugs and Magic Remedies Act. The reply is as if this Court, does not step in, then State Authority can abdicate its duty. Besides the first contemnors, we could issue contempt notice to the present deponent of the affidavit Dr Mithilesh Kumar and his predecessor...however as of now, we ask the predecessor to file an affidavit explaining his conduct in the three years he held the post.” It further said, “Having regard to the entire history of the matter, and the past conduct of the respondents, we have expressed our reservations about accepting the latest affidavit filed by them.” It listed the matter for further hearing on April 16, 2024.
