The Supreme Court on Tuesday rebuked Patanjali Ayurved over the casual apology affidavit it submitted before the Court for its failure to stop carrying misleading advertisements to promote its ayurvedic products by disparaging modern medicine [Indian Medical Association & Anr v. Union of India and Ors].A bench of Justices Hima Kohli and Ahsanuddin Amanullah took a dim view of a statement made by Patanjali that its media wing was not aware of the Court having ordered the company to halt the broadcast of such advertisements.The said statement had been made in an apology affidavit submitted by Patanjali's Managing Director, Acharya Balkrishna."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. 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 it is an island. This is more of a lip service! ... You violated the solemn undertaking with impunity. We are not willing to accept this and this is perfunctory! What is the reason to accept your apology?" Justice Kohli remarked."This is all humbug! You say 'if the court feels, etc.' ... We cannot look into your heart! This is not how contempt cases are dealt with. In some matters, some cases have to be taken to their logical end. There cannot be so much magnanimity!" Justice Amanullah added.During the hearing, the bench further noted that Patanjali appeared to be guilty of perjury (lying to the court)."You said documents have been attached, but the documents were created later on. This is a clear case of perjury! We are not closing the doors on you but we are telling all that we have noted," Justice Kohli said.The bench also criticised Patanjali's founder, Baba Ramdev, for the manner in which he held a press conference shortly after the top court cautioned Patanjali against publishing misleading ads.The Court was not impressed by a reply by Ramdev's counsel that the strictures from the bench would serve as a lesson for him."We are not here to teach them. (With) the respect they command, they cannot be compared to common citizens. They claim to have done great research. We are taking this seriously because of this only. We usually do not follow through contempt cases and it is about making one realise the majesty of law but there are exceptions and perhaps you are falling under that exception," the Court said.Following a Court order passed on March 19, both Ramdev and Balkrishna were present at the Court today.The Court today made it clear that their personal presence is not dispensed with, and that they would have to appear before the Court on the next hearing too. The matter will be heard next on April 10, when Patanjali and its management have been ordered to file a better affidavit of apology."...It is also stated that the affidavit will be filed today and a better one is also to be filed. Last opportunity given to file and let it be filed within one week," the Court ordered.Addressing senior advocate Balbir Singh, who represented Baba Ramdev today, the Court added,"Our goal is for the rule of law is to be followed and the faith in the Constitution is upheld. This is the last opportunity given because of the trust we have in you."Patanjali was represented by senior advocate Vipin Sanghi who submitted that Patanjali's activities were not meant to only be commercial. However, this too, did not find favour with the Court."It is a commercial organisation," Justice Kohli replied."Don't say you are serving the public interest or public good etc.," Justice Amanullah added.Senior advocate PS Patwalia appeared for the Indian Medical Association (IMA), which had filed the case against Patanjali."They have tried to shift the blame to the media department. They show a boy and say we have cured him!" Patwalia submitted today.
TAGS: Supreme Court Patanjali Ayurved Apology Affidavit Misleading Advertisements Indian Medical Association (IMA)
