In New Delhi, Acharya Balkrishna, representing Patanjali Ayurved, has submitted an affidavit to the Supreme Court expressing sincere regret regarding deceptive promotions asserting a lasting remedy for various illnesses. The highest court had instructed both Baba Ramdev and Balkrishna to appear personally in court on April 2 for failing to respond to a contempt notice.
The affidavit, presented by Balkrishna, stated: “The undersigned on behalf of respondent no. 5 (Patanjali Ayurved) tenders an absolute apology before this honorable court….the undersigned will ensure that such promotions are not disseminated in the future”.
Balkrishna argued that the company’s intent was solely to encourage citizens to adopt a healthier lifestyle by using Patanjali Ayurved products, including those for lifestyle ailments, based on ancient literature and materials supplemented and corroborated by ayurvedic research.
“The undersigned respectfully submits that Schedule J of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 along with the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955 is in an antiquated state and the last amendments were made in 1966 by the Union of India…”, stated the affidavit.
Balkrishna mentioned that Patanjali Ayurved now possesses evidence-based scientific data with clinical research conducted in Ayurveda, which would illustrate the progress made through scientific research in the field of diseases. “The undersigned’s sole pursuit is for a superior and healthier life for each and every citizen and to alleviate the strain on the country’s healthcare infrastructure by providing comprehensive, evidence-based remedies for lifestyle-related medical complications through the utilization of traditional ayurvedic and yogic approaches”, ascertained the affidavit.
The highest court, in its decree issued on March 19, expressed, “Additionally, having reviewed the advertisements issued by respondent No.5 (Patanjali) despite the assurance given to this Court on 21st November, 2023 and observing that the said advertisements reflect an endorsement thereof by Baba Ramdev, it is deemed appropriate to issue notice to show cause as to why contempt proceedings should not be initiated against him as this Court is prima facie of the opinion that he too has contravened the provisions of Section 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 read with Rule 6 of the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955”.
On Tuesday, the Supreme Court demanded Baba Ramdev’s personal presence in court for failing to submit a response to the show cause notice in the contempt proceedings against him regarding misleading Patanjali Ayurved advertisements, which asserted a permanent remedy for various ailments. The apex court clarified that it is merely a notice to show cause and there are no personal implications.
Senior advocate Mukul Rohatgi, representing Patanjali Ayurved, presented before a bench comprising justices Hima Kohli and Ahsanuddin Amanullah that no justification has been provided for summoning his client, despite no changes since the last court session in February. Rohatgi argued that the apex court’s summoning of Ramdev is unjustified since he holds no position in Patanjali.
“You failed to respond to the notice. A press conference was conducted….How can you disregard our orders?,” admonished the bench to the counsel.
Justice Amanullah noted that the order was recorded because there was evidence on the last occasion and after the order was issued, a press conference was held and there was no response. “Following the court’s order, objections were raised in a press conference after one week…”, highlighted the bench.
Rohatgi pointed out that was months ago. The bench acknowledged it was indeed months ago. Rohatgi emphasized that the last order was in February, not in November 2023. Justice Kohli reiterated that it is just a notice to show cause and there are no personal implications, suggesting to address it on the next date. The Indian Medical Association demanded action against Baba Ramdev and Patanjali Ayurved for defaming allopathic medicine.
On February 27, 2024, the Supreme Court reprimanded the Centre for its inaction against Patanjali’s “misleading and false” advertisements regarding the cure for various diseases and restrained Patanjali from publishing advertisements for products claiming to cure diseases for the time being.
The court had then remarked that the entire country was being deceived, while issuing a show cause contempt notice to the company and its MD Acharya Balkrishna.
In November 2023, the apex court had cautioned Patanjali Ayurved against making “false” and “misleading” claims in advertisements regarding the cure by its products for various diseases.
At the conclusion of the hearing, Rohatgi insisted on providing some rationale. Justice Amanullah pointed out that it was indicated in the order, advising to read it when uploaded and not to repeat it. Rohatgi claimed to have heard the order. Justice Amanullah responded that there is no need to interfere with the order and proceeded to the next case for hearing.
Rohatgi stressed that this was unfair and mentioned that the court referred to some article that had appeared, “then please include it in the order if you saw something”.