Patanjali ads: SC comes down hard on Ramdev, Balkrishna
Top court disapproved of the Patanjali MD's statement that the Drugs and Cosmetics (Magic Remedies) Act is “archaic”
PTI
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Yoga guru Ramdev
New Delhi, 2 April
Supreme Court on Tuesday came down
hard on yoga guru Ramdev and managing director of Patanjali Ayurved Acharya
Balkrishna for their “absolute defiance” in not filing proper affidavits of
compliance in the misleading advertisement case and breaking "every
barrier".
It also disapproved of the
Patanjali MD's statement that the Drugs and Cosmetics (Magic Remedies) Act is
“archaic”. “Not just the Supreme Court, every order passed by the courts across
this country has to be respected ... this is absolute defiance,” a bench
comprising Justices Hima Kohli and Ahsanuddin Amanullah said. “You have to
abide by undertaking given to court and you have broken every barrier,” the
bench told Ramdev and the Patanjali MD, who were present in person.
The top court wondered as to why
the Centre “chose to keep its eyes shut when Patanjali was going to town saying
there were no remedy for Covid in allopathy”. Senior advocate Balbir Singh,
appearing for Ramdev, urged the court to take note of the presence of the yoga
guru and his unconditional apology.
What has happened should not have
happened, Solicitor General Tushar Mehta told the court and offered to help the
counsel for parties to find a solution to the whole issue. “You should have
made sure affidavit is filed in pursuance of your solemn undertakings,” Justice
Kohli told the counsel for Balkrishna. “Sometimes things should reach logical
conclusion,” the bench said at the outset of the proceedings when the counsel
for Patanjali and others sought some more time for filing the affidavits of
compliance.
The bench granted last opportunity
to Ramdev and Balkrishna to file their affidavits in the matter in one week. While
posting the matter for further hearing on 10 April, the bench directed that
both of them shall remain present before it on the next date.
On 19 March, the apex 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 a show cause notice to Ramdev as the advertisements issued
by Patanjali, which were in the teeth of the undertaking given to the court on 21
November, 2023, reflect an endorsement by him. "Both are present?"
the bench asked on Tuesday. The counsel appearing for Ramdev said both of them
are in the court.
The bench observed that
advertisements issued by Patanjali are in the "teeth of law" of the
land.
Last month, Balkrishna had tendered
an unqualified apology to the apex court for advertising the herbal products of
the firm claiming their medicinal efficacy in treating several serious diseases
and running down other systems of medicine. Patanjali Ayurved Ltd had assured
the top court on 21 November, 2023 that it will not violate any law, especially
the laws relating to advertising or branding of products.
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