Supreme Court on April 10 refused to accept the 'unconditional' apology offered by Patanjali Ayurved, Ramdev and Balkrishna for airing misleading advertisements. Supreme Court came down heavily on them for "taking the contempt of court proceedings lightly". "We decline to accept your affidavit. We consider what you have done to be wilful, deliberate, repeated violation of our orders," said a bench of Justices Hima Kohli and Ahsanuddin Amanullah. Supreme Court posted the case for hearing on April 16.
“We don’t want to be so generous in this case,” the bench said while refusing to accept the affidavits filed by Ramdev and Balkrishna tendering an unconditional apology.
On April 9, yoga guru Ramdev and managing director of Patanjali Ayurved Ltd Acharya Balkrishna had tendered ''unconditional and unqualified" apology before the Supreme Court over advertisements issued by the firm making tall claims about the medicinal efficacy of its products.
"Till the matter hit the court, the contemnors did not find it fit to send us the (fresh apology) affidavits. They sent it to the media first, till 7.30 pm yesterday it was not uploaded for us. They believe in publicity clearly," observed Justice Kohli, reported LiveLaw.
"Apology is on paper. Their back is against the wall. We decline to accept this, we consider it a deliberate violation of undertaking. Be ready for something next to rejection of affidavit," added Justice Kohli.
"Why should we not treat your apology with same disdain as shown to court undertaking? We are not convinced. Now going to turn down this apology. Now a message must go to society. We are making it a part of your conduct. What kind of medications have you been coming out with," she added, reported LiveLaw.
Supreme Court pulled up Uttarakhand government for not taking action against Patanjali Ayurved for violation of law.
"The licensing inspector remained quiet, there is no report by the officer. The concerned officers should be suspended right now," said the apex court.
"Why should we not think you are in cahoots with alleged contemnors? You are keeping your eyes shut deliberately. You are hand in gloves," Justice Kohli told Uttarakhand State Licensing Authority.
"In 4-5 years, the State Licensing Authority remained in deep slumber," said Supreme Court.
"They (Patanjali) say purpose of advertisement was to keep people connected with Ayurvedic medicines, as if they are the first ones in the world to come up with Ayurvedic medicines," added Justice Kohli.
Supreme Court questioned Uttarakhand government about the "countless innocent people" who took the medicines believing that they would cure the diseases.
Supreme Court observed that it is concerned with all the FMCG companies who show rosy pictures to consumers and then suffer health issues.
Supreme Court ordered that all the officers who held posts as district Ayurvedic and Unani officers in Haridwar from 2018 till now shall file replies on actions taken by them.
In two separate affidavits filed in the apex court, Ramdev and Balkrishna had tendered unqualified apology for the ''breach of the statement'' recorded in the November 21 last year order of the apex court.
In the November 21, 2023 order, the top court had noted that counsel representing Patanjali Ayurved had assured it that ''henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form''. The Indian Medical Association had filed a case against Patanjali for false claims about curing certain diseases.
The top court had said Patanjali Ayurved Ltd is ''bound down to such assurance''.
The non-observance of the specific assurance and the subsequent media statements irked the apex court, which later issued notice to them to show cause as to why contempt proceedings be not initiated against them.
In his affidavit filed in the top court, Ramdev has said, ''I hereby tender my unconditional apology in regard to the issue of advertisements which occurred after the statement of counsel of respondent no. 5 (Patanjali) which was recorded in the order dated November 21, 2023, which I am informed has the force of an injunction.'' ''I sincerely regret this lapse and I wish to assure the court that the same will not be repeated,'' he said, adding, ''I hereby tender an unconditional and unqualified apology for the breach of the statement recorded in para 3 of the order of this court dated November 21, 2023''.
Similarly, Balkrishna also tendered an unconditional apology for the breach of the statement recorded in the apex court's November 21 last year order. ''I sincerely regret the issue of advertisements from respondent no. 5 (Patanjali) which is an infraction of the order dated November 21, 2023. I tender my unconditional and unqualified apology in this regard, on my own behalf and that of respondent no 5,'' he said. ''I never had any intention to violate orders of this court. I state that no such lapse will occur in future. I will always uphold the majesty of law,'' Balkrishna said in his affidavit.
On April 2, the top court had come down hard on Ramdev and Balkrishna and rejected their apology as ''lip service''.
It had also questioned the Centre's alleged inaction over Patanjali's tall claims about the efficacy of its products and denigrating allopathy during the Covid peak and asked why the government chose to keep its ''eyes shut''.
It had strongly disapproved of Balkrishna's statement that the Drugs and Cosmetics (Magic Remedies) Act was ''archaic'' and said Patanjali Ayurved's advertisements were in the ''teeth of the Act'' and violated with impunity the undertaking given to the court.
The apex court is hearing a plea filed by the Indian Medical Association (IMA) alleging a smear campaign against the vaccination drive and modern medicines.
On March 19, the court had 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 Ramdev a show cause notice as advertisements issued by Patanjali, which were in the teeth of the undertaking given to the court on November 21, 2023, reflect an endorsement by him.
With inputs from PTI
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