New Delhi: Acharya Balkrishna, on behalf of Patanjali Ayurved, has filed an affidavit in Supreme Court offering unconditional apology in connection with misleading advertisements, claiming permanent cure for several diseases. The apex court had directed both Baba Ramdev and Balkrishna to appear in person in court on April 2 for not responding to contempt notice.
The affidavit, filed by Balkrishna, said: “The deponent on behalf of respondent no. 5 (Patanjali Ayurved) submits an unconditional apology before this court….the deponent will ensure that such advertisements are not issued in future”.
Balkrishna contended that company’s intention was only to exhort citizens of the country to lead a healthier life by consuming products of Patanjali Ayurved, including products for lifestyle ailments through use of age-old literature and materials supplementing and backed by ayurvedic research.
“The deponent humbly submits that the Schedule J of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 read with Drugs and Magic Remedies (Objectionable Advertisements) Act , 1955 is in an archaic state and the last changes were introduced in 1966 by the Union of India…”, said the affidavit.
Balkrishna said that Patanjali Ayurved now possesses evidence-based scientific data with clinical research conducted in Ayurveda, which would demonstrate the advances made through scientific research in the context of diseases. “Deponent’s only quest is for a better and healthier life for each and every citizen and to reduce the burden on the country’s healthcare infrastructure by providing holistic, evidence based solutions for lifestyle related medical complications though the usage of age-old traditional approach of ayurveda and yoga”, said the affidavit.
The apex court, in its order passed on March 19, had said, "Further, having gone through the advertisements issued by the respondent No.5 (Patanjali) in the teeth of the undertaking given to this Court on 21st November, 2023 and on noticing that the said advertisements reflect an endorsement thereof by Baba Ramdev, it is deemed appropriate to issue notice to show cause as to why the contempt proceedings be not initiated against him as this Court is prima facie of the opinion that he too has violated the provisions of Section 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 read with Rule 6 of the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955".
On Tuesday, the Supreme Court sought personal presence of Baba Ramdev in court for failing to file a response to show cause notice in contempt proceedings against him over misleading advertisements of Patanjali Ayurved, which claimed permanent cure for several diseases. The apex court said it is only a notice to show cause and it is nothing personal.
Senior advocate Mukul Rohatgi, representing Patanjali Ayurved, submitted before a bench comprising justices Hima Kohli and Ahsanuddin Amanullah that no reason is being given why his client is being called, although nothing has changed since the last court hearing in February. Rohatgi said the apex court is not being fair in summoning Ramdev even though he holds no position in Patanjali.
"You were not responding to the notice. Press conference was held….How can you be in the teeth of our orders?," the bench told the counsel.
Justice Amanullah said the order is recorded because on the last occasion there was material and after the order was passed there was a press conference and you were not responding. “After one week of the order of the court, a press conference was held raising objections…”, said the bench.
Rohatgi said that was months ago. The bench said yes it was months ago. Rohatgi said the last order was in February not in November, 2023. Justice Kohli said it is only a notice to show cause and it is nothing personal and let us take it on the next date. Indian Medical Association sought action against Baba Ramdev and Patanjali Ayurved for defaming allopathy medicine.
On February 27, 2024, the Supreme Court had pulled up Centre for its inaction against Patanjali's "misleading and false" advertisements regarding curing various diseases and restrained Patanjali from publishing advertisements for products claiming to cure diseases for now.
The court had then said the entire country was being taken for a ride, while issuing a show cause contempt notice to the company and its MD Acharya Balkrishna.
In November, 2023, the apex court had warned Patanjali Ayurved against making "false" and "misleading" claims in advertisements regarding cure by its products for several diseases.
At the end of the hearing, Rohatgi insisted that there should be some reason why. Justice Amanullah said we have indicated it in the order, read it when it is uploaded and not going to repeat it. Rohatgi said he has heard the order. Justice Amanullah replied no interference in the order is needed and called out the next case for hearing.
Rohatgi stressed that this is not fair and lordships is referring to some article which has appeared, “then please put it in the order that you saw something”.
