“Why the Union of India chose to keep its eyes shut when Patanjali was going to town saying there was no remedy for Covid in allopathy,” said Justice Hima Kohali.
The Supreme Court of India on Tuesday, 2 April, asked the Union Government why it “chose to keep its eyes shut when Patanjali was going to town saying there were no remedy for Covid in allopathy”.
The court also harshly criticized yoga guru Ramdev and Patanjali Ayurved’s Acharya Balkrishna for their “absolute defiance” in not filing proper affidavits of compliance in the misleading advertisement case and breaking “every barrier.” The SC allowed the company one last opportunity to file a ‘better’ response in its contempt proceedings.
Justice Hima Kohli said: “We have questions for AYUSH(Ministry). You issued notice to Patanjali, and they filed a reply, but the reply is not before us, and we are wondering why. Covid was in 2022, and you had yourself stated that these were, at best, supplements to the main medicine.
“This was not publicised at all. Nothing could move without a Central go-ahead during Covid, and you did nothing to make this known. It was a critical period.”
She added that Uttarakhand also issued a warning letter to Patanjali, and that too “after we took note”. The judge said, “AYUSH has much to commend, and there is a limit to what they can do. But how other modes have been disparaged is utterly shocking. They have mocked the others.”
On 19 March, 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 21 November 2023, reflect his endorsement.
The matter came up for hearing on Tuesday before a bench of Justices Hima Kohli and Ahsanuddin Amanullah.
It 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 bench said.
“You have to abide by the undertaking given to the court, and you have broken every barrier,” the bench told Ramdev and the Patanjali MD, who were present in person.
Senior advocate Balbir Singh, appearing for Ramdev, urged the court to note the yoga guru’s presence and unconditional apology.
The court observed: “Once it is a court proceeding and there are directions, who is responsible for informing this down the line? If this is indefensible, then your apology will not work. This is a gross violation of the undertaking given to the top court. You have to ensure that your solemn undertaking has been adhered to, and we can say that we do not wish to accept that the media department does not know what is happening in this court and that it is an island. This is more of a lip service.”
Solicitor General Tushar Mehta told the court that what happened should not have happened and offered to help the parties’ counsel find a solution to the issue.
“You should have made sure the affidavit is filed in pursuance of your solemn undertakings,” Justice Kohli told the counsel for Balkrishna.
“Sometimes things should reach a logical conclusion,” the bench said at the outset of the proceedings when the counsel for Patanjali and others sought more time to file the affidavits of compliance.
The bench granted Ramdev and Balkrishna the last opportunity 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 remain present on the next date.
Last month, Balkrishna tendered an unqualified apology to the apex court for advertising the firm’s herbal products, claiming their medicinal efficacy in treating several serious diseases and destroying other systems of medicine.
Patanjali Ayurved Ltd had assured the top court on 21 November 2023 that it would not violate any law, especially the laws relating to advertising or branding of products.
The Indian Medical Association filed the petition. The SC told Ramdev to be prepared for all the consequences and warned him that he would be charged with forgery.
“Once it is a court proceeding and there are directions, who is responsible for informing this down the line? If this is indefensible, then your apology will not work. This is a gross violation of the undertaking given to the top court.
“You have to ensure that your undertaking, which is solemn, should have been adhered to, and we can say that we do not wish to accept that the media department does not know about what is happening in this court and that it is an island. This is more of a Lip Service,” said Justice Kohli.
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