In a major relief for Patanjali Ayurved, its co-founder Baba Ramdev and Managing Director Acharya Balkrishna, the Supreme Court on Tuesday (13th August) dropped the contempt of court charges against them in the misleading advertisement case.
The bench of Justices Hima Kohli and Ahsanuddin Amanullah today pronounced the order and closed contempt of court proceedings against them. The bench had earlier reserved the orders on 14th May this year. It had initiated the case based on a plea filed by the Indian Medical Association (IMA) alleging a smear campaign against the COVID-19 vaccination drive and modern medicine.
Presiding over today’s court proceedings alongside Justice Sandeep Mehta, Justice Kohli said that proceedings are being closed as the court accepted the apology tendered by the parties. However, the bench cautioned them that they should comply with all future orders of the court and not repeat what happened earlier. The court warned that if they do anything in violation of the Court orders as it happened earlier, then it will “come down heavily”.
Pronouncing the order, Justice Kohli said, “We accept the apology tendered by the party. However, we expressly and strictly warn them that they will not do anything in violation of the court orders, as happened earlier in this case. We have come down heavily, and we warn you that this should not be done in the future. The affidavits tendered before this court should be done with full truth. We close the contempt proceedings initiated against the party with the warning of adhering to the orders passed by this court in this case. The notice issued to present contemnor also stands discharge and closed.”
Brief Background of the case against Patanjali
The present case stems from the plea of the Indian Medical Association (IMA) against Patanjali Ayurveda and Baba Ramdev for his remarks on modern medicine and COVID-19 vaccination.
In November 2023, the apex court gave a warning that it could impose costs of Rs 1 crore per false claim made in each advertisement for Patanjali Ayurved products that claim to cure diseases. It had also directed Patanjali not to publish false advertisements in the future. Back then, Patanjali had assured the court that it would refrain from such advertisements.
However, in February 2024, the Court imposed a temporary ban on such advertisements and issued contempt notices to Patanjali and its MD noting that the ‘misleading advertisements’ continued.
In March, the court noted that a reply to the contempt notice was not filed as the court had ordered the personal appearance of the Patanjali MD Balkrishna as well as Baba Ramdev, who featured in the press conferences and advertisements published after the undertaking was submitted before the court in November last year.
Later, the Patanjali MD had filed an affidavit claiming that the impugned advertisements were meant to contain only general statements but inadvertently included offending sentences. It was further argued that the advertisements were bona-fide. It added that Patanjali’s media personnel were not “cognizant” of the November order where undertaking was given before the apex court.
Subsequently, on 16th April, both Baba Ramdev and Acharya Balkrishna personally appeared before the Court. They expressed unconditional apology for publishing misleading advertisements and making remarks against Allopathic medicines in breach of undertaking given to the Court.
However, the bench initially expressed dissatisfaction with the language and the size of the apology published by Patanjali in newspapers. After which, Patanjali published another apology in newspapers with its own name alongside that of Swami Ramdev (co-founder) and Acharya Balkrishna (MD).
On 30th April, the bench had observed that there was a ‘marked improvement’ in the published apology and it later reserved the orders in this matter. Now, it has closed all proceedings against Pantanjali and its senior management.
The court broadened the horizon of the case; IMA, the petitioner against Patanjali, under dock as well
It is pertinent to note that the apex Court initial focus in the case was limited around Patanjali’s misleading ads, the failure of regulatory authorities to act against Patanjali, and the corrective steps to be taken by Patanjali and its promoters (Baba Ramdev and Acharya Balkrishna). However, the Court later expanded the scope to larger issues including misleading advertisements by other consumer goods suppliers as well as unethical practices in modern medicine.
Furthermore, issuing a warning, the court also noted that social media influencers and celebrities would be held equally responsible and liable if they are found endorsing products or services in misleading advertisements.
Conspicuously, the petitioners in the case, IMA, are now also under the scanner before the apex court. During one of the hearings in this case, the apex court had asked the doctors to put their own house in order and curb unethical practices in modern medicine.
Later, while speaking with media, IMA President Dr. RV Asokan said that it was “unfortunate” that the Supreme Court criticised the IMA and that doctors were demoralised due to the same. The bench of Justices Kohli and Amanullah had taken strong exception to his remarks. On 6th August, the court asked the IMA President to publish apologies in all prominent newspapers for his statements criticising the Supreme Court.
