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The Supreme Court on Tuesday came down heavily on Baba Ramdev-run Patanjali Ayurved for defying its orders in the misleading advertisements case and asked the company to take the contempt petition against it seriously.
The apex court expressed its deep disapproval of the nature of the affidavit provided by Patanjali. In its order, the SC gave the company one last opportunity to file a ‘better’ response in its contempt proceedings, within one week. The case will be next heard on April 10.
Ramdev and Acharya Balkrishna were physically present, at the order of the top court. The company tendered an ‘unconditional apology’ for violating its order.
“Take this contempt seriously. We are getting an impression that you are representing somebody who is in teeth of an undertaking given to this court. For you to go like a shot and give a press conference in 24 hours shows you knew about the proceedings and then you violated it,” the SC bench comprising Justices Hima Kohli and Ahsanuddin Amanullah told Senior Advocate Balbir Singh appearing for Ramdev.
The SC said it was contemplating taking the contempt plea against Patanjali to the ‘logical conclusion’. “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,” SC said.
SC came down heavily on the company for continuing to publish advertisements despite its warning. However, Patanjali said its media department was unaware of the order. Patanjali apologised for its lapse, but the apex court termed it a ‘lip service’.
“Being the co-founder of the organisation, we refuse to believe that he (the company) was not aware. You hold the press conference within 24 hours shows that you were cognisant,” SC’s Justice Kohli said.
“Not just SC, every order passed by courts across the country has to be respected,” said Justice Kohli. “(This is) absolute defiance. We are not convinced by the apology. We need to take contempt cases to the logical conclusion,” the bench orally observed.
Patanjali Ayurved was required to file two affidavits for two different contempts. One regarding why the company continued to publish misleading advertisements despite giving an undertaking the court that it wouldn’t do so. The other affidavit was regarding failure to file their reply to the contempt notice issued to Balakrishna and the company.
SC asked Ramdev and Balkrishna to be physically present even on the next date of hearing as well.
Govt also responsible, says SC
SC held the government responsible as well, once again saying that the the government chose to shut its eyes.
“We are wondering why the Union chose to keep its eyes shut when Patanjali was going to town saying that there were no remedies for Covid in allopathy,” SC said.
“You yourself had said that the product they come out with, cannot be backed. What did you do to publicise the same with the common public?” the bench asked Solicitor General Tushar Mehta appearing for the Centre.
The SC sought explanation from the Centre over why action was not taken against State governments.
Patanjali misleading ads case
The case revolves around Patanjali Ayurved, engaged in sales of herbal products that they claim treat several serious diseases while taking a snipe at other systems of medicine through their advertisements. The Indian Medical Association had filed a plea alleging a smear campaign by the company against modern medicine.
Despite promising the top court that it won’t violate any laws related to advertising or branding of products manufactured, marketed by it, the company was violation of it. This led to initiation of contempt proceedings.
SC on March 19 asked Ramdev and Balkrishna to appear in the court personally after the duo failed to respond to the notice issued in the contempt proceedings.
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