New Delhi: The Supreme Court on Tuesday ordered yoga guru Ramdev to appear before it over misleading advertisements by Patanjali Ayurved.
A bench of Justices Hima Kohli and Ahsanuddin Amanullah also summoned Patanjali managing director Acharya Balkrishna.
Coming down heavily on Patanjali Ayurved for failing to respond to a contempt notice, the top court said, “consequences will follow”.
“On the last date of hearing, notice to show cause was issued to the Respondent No. 5(Patanjali) and its Managing Director as to why the contempt of court proceedings should not be initiated against them…a period of two weeks was granted to file a reply and reply is not on record….In view of the aforesaid facts and circumstances, it is deemed appropriate to direct the presence of the MD of Resp 5 on the next date of the hearing. Further, having gone through the advertisements issued by Respondent No. 5 in the teeth of the undertaking given to this Court on 21.11.2023 and on noticing that the said advertisements reflect endorsements thereof by Acharya Ramdev, it is deemed appropriate to issue show cause notice as to why the contempt of proceedings should not be issued against him in view of the fact that this Court is prima facie of the opinion that he has also violated the provisions of Section 3 and 4 of the Drugs and Magic Remedies Act…..”
The order stated both Ramdev and Balakrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act, which deal with misleading ads of medicines.
Opposing the move, senior lawyer Mukul Rohatgi, appearing for Patanjali Ayurved, sought to know why a notice was being issued to Ramdev. “You are appearing. We will see on the next date. Enough,” the court replied.
The court gave the ruling while hearing a petition filed by the Indian Medical Association, which accused Patanjali of carrying out a “smear campaign” and negative advertisements against vaccination drive and modern medicines.
On February 27, it had issued a contempt notice to Patanjali and cautioned them against making any statements against any system of medicine in the media. It also pulled up the centre for not taking action against the alleged incorrect assertions and misrepresentation in advertisements about its medicines as cure of several diseases.
“The entire country has been taken for a ride,” the bench had observed while restraining Patanjali Ayurved from advertising or branding products meant for treating diseases till further orders.
On November 21, 2023, a bench presided by Justice Amanullah recorded a statement from Patanjali counsel 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” and said that the company “is bound down to such assurance”.
