"Absolute Defiance": Patanjali, Centre In False Advertising Row Rebuked by Court

New Delhi: During a hearing on deceptive ads, particularly those that criticise modern medicine and medical professionals, the Supreme Court chastised Baba Ramdev, the co-founder of Patanjali Ayurved, Acharya Balakrishna, and the centre on Tuesday.
Ramdev and Balakrishna faced criticism for their "absolute defiance" after submitting incorrect copies of the affidavits that the court had requested. The centre was also questioned about why it "chose to keep its eyes shut" in spite of Patanjali's assertion that Western medicine provided no defence against the COVID-19 virus.

The Ministry of AYUSH was also questioned by a bench consisting of Justices Hima Kohli and Ahsanuddin Amanullah on why it had not taken action against Patanjali following "shocking" advertisements disparaging modern medicine.

We have inquiries for AYUSH. COVID was in 2022, and you (the centre) said that these ayurvedic drugs were, at most, a complement to the primary course of treatment (the vaccinations). However, you did nothing to disseminate this information or to make it known. It was a crucial time, Judge Kohli stated firmly.

The Supreme Court criticised the centre for the second time in three months in February, declaring that "the government is sitting with its eyes closed" and requiring swift action against "false" and "misleading" ads. At the time, the court had declared, "This is very unfortunate..."

The court then advised the institution to address the problem of deceptive medical advertisements.

Ramdev and Balakrishna came under heavy fire from the court today for the careless way in which an affidavit was submitted last month that contained an unqualified apology for the advertisements. The affidavit was deemed "indefensible" and "humbug" by an enraged court, which even implied Patanjali Ayurved could have committed perjury.

"You need to have ensured that the serious commitment was made in both letter and spirit. It is more of a lip service to say we are'sorry' for not accepting it (the apology), the court added.

The court was enraged that Patanjali had seemingly kept running advertisements that were declared deceptive the previous year. The argument that the media division of the corporation was not informed of the court order was rejected.

Every ruling made by a court in the nation must be complied with. A bench of Justice Hima Kohli said, "This is absolute defiance," following the counsel for Patanjali Ayurved folding his hands in remorse.

Both Balakrishna and Ramdev were asked to appear, and the court was obviously not happy with them. "You have to abide by every undertaking given to the court... and you have broken every barrier," the court said.

Solicitor-General Tushar Mehta recognised that "what has happened should not have happened" in response to the court's severe statements. He told the court, "It appears (that) the way the affidavits should have come... it has not come," but emphasised that the centre was unable to take a position.

"What I am suggesting is... if Your Lordships permit... then I can sit with the counsel (for Patanjali) and (decide) what can be done," he said, to which the court responded, "We will decide that."

Balakrishna and Ramdev have been granted "one last chance" and have one week to properly file the affidavits. Additionally, they have to appear on April 10, when the court will take up this case again.

A contempt lawsuit against Patanjali Ayurved for publishing advertising that make misleading claims about the goods' medicinal value is being heard by the supreme court.

The court ordered Patanjali to cease all print and electronic advertisements that provide false information by February 27.

The Indian Medical Association filed a petition last year alleging that Baba Ramdev had launched a smear campaign against modern medicine and the Covid immunisation campaign. This marked the beginning of the litigation.