New Delhi: The Supreme Court on Wednesday tore into the Uttarakhand government for its inaction against Patanjali, which was issuing misleading advertisements, saying that it was appalled by the action of the state licensing authority.
The apex court slammed the state government and said its officers were pushing the files back and forth, and why should the court not think that officers were in cahoots with Swami Ramdev and Acharya Balkrishna.
The court made it clear that it is concerned with all those FMCGs, who are taking their consumers up to the garden path and showing them rosy pictures, what their product can do for them, and in the end, the people suffer at the cost of their health and this is absolutely unacceptable.
A bench comprising justices Hima Kohli and A Amanullah said the state licensing authority remained silent, and the joint director has to file an affidavit explaining the conduct on his part when misleading advertisements were being given by Divya Pharmacy (Patanjali) in violation of the Act. The bench stressed that the disdain shown by Divya Pharmacy to the warnings of the state authority is apparent from the tone and tenor of their reply.
The apex court is hearing a plea filed by the Indian Medical Association (IMA) alleging a smear campaign against the Covid vaccination drive and modern systems of medicine.
Justice Amanullah told senior advocate Dhruv Mehta, representing the Uttarakhand government, “The letter has come from the Union ministry, and it is very clear that the ball is in your court and you (the state) should stop it, and if it is not done then register FIR... clear-cut instruction in 2020. Then, all complaints come, and they are forwarded to you, and the licensing authority forwarded to the district officer…”.
The bench said the licensing authority wrote to the district office to conduct an inquiry and give a report. Officer says it is forwarded to you for action. "You are satisfied with that. You remit it back to the Union. The Union says it is not in my (jurisdiction)….chain goes back and forth and back and forth…the licensing inspector remains quiet, does not take action, no report submitted by the officer. A person who is appointed subsequently, he also does the same. All those officers should be placed under suspension right now”, it added.
Justice Kohli asked what is the job of the drug officer and licensing officer? What were you waiting for? Mehta said in February 2023, the Ministry of Ayush wrote to the state, the licensing authority, "that the interim order passed by Delhi and Bombay high courts pertain to rule….it was a bonafide impression". “we are not going to take it lightly, be very careful, we will rip you apart on bonafide….”, said Justice Amanullah.
Justice Kohli said except for pushing the files, the state government’s officers have done nothing, “they just sit and wait for some other authority to give instructions to them to act in accordance with law” and asked Mehta, were you not aware of the Drugs and Magic Remedies Act?
The bench further queried, “why should we not think you are in cahoots with contemnors? You were keeping your eyes shut deliberately”. Justice Kohli said the advertisements says its content that it is suggestive in nature and it is the choice of treatment in management of diseases, “in the teeth of the Act, which says it is prohibited. They wave a thumb under your nose and tell you that it is an advertisement which is suggestive in nature, and you accept it? This is a letter addressed by them to you a year ago”.
“The other side says the purpose of the advertisement is to keep people connected with ayurvedic medicines, as if they were the first one to come up with it. There are companies in the market, many other medicines are ayurvedic…it not that the public is unaware…..in teeth of violating the Act and you accept it?”, Justice Kohli questions Mehta. IMA was represented by senior advocate P S Patwalia and advocate Prabhas Bajaj.
The bench said Patanjali gave the concerned authority this reply addressed to their notice in March last year, what did the state licensing authority do?
Justice Amanullah said the licensing officer and the district officer will be suspended by the court and in four hours the state will appoint a licensing officer who is unconnected with Haridwar . Mehta said the court may do that and he is not standing in the way at all and added “this licensing officer joined in June 2023….”. “Is he a post office, is that the understanding?”, said the bench, asking the joint director state licensing authority, who was present in the court.
Justice Amanullah asked the officer, “do you have the guts to do what you are doing? Are you aware of your position, officer of the state under the Constitution…. You (Dr Mithlesh Kumar) are acting as a post office…you have a legal department; did you take assistance from the department?” Justice Kohli queried Kumar regarding the stay granted by Bombay High Court, was it regarding the Act or regard to the regulation? Did you take any legal advice?
The bench said the orders have been passed by the court since November 2023, yet the officer did not pay attention, “it is deliberate….and it is not a lapse, it is a folly. We know how these follies are committed”.
“They were aware of these advertisements and they do nothing, at the end of day….they are issuing a warning, would you do it to any ordinary person. Several letters were written to him, people are making complaints. We also want to know who were his predecessors…”, the bench queried Mehta.
Justice Kohli said, “We are not concerned with these contemnors before us. We are concerned with all those FMCGs. All those companies, who are taking their consumers and clients up to the garden path and showing them rosy pictures, what their product can do for them, and ending up with those people paying good money for it and suffering at the cost of their health. This is absolutely unacceptable!”
The bench said, "What about all the faceless people who have consumed these Patanjali medicines stated to be cured diseases which cannot be cured? Can you do this to an ordinary person?" The bench has scheduled the matter for further hearing next week.
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