New Delhi: The Supreme Court on Tuesday, expressing discontent with the apology tendered by the president of the Indian Medical Association, R V Asokan, said judges do not react on criticism of their orders, as they do not have an ego and stressed, “personally, we are magnanimous…we are entitled to take action, we do not do that because we do not have an ego. We do that seldom, very rarely…”.
A bench comprising justices Hima Kohli and Ahsanuddin Amanullah told Asokan, who was present in the courtroom, that he has to answer for his conduct and he is also a citizen of the country like the judges and lawyers present in the courtroom. “The amount of criticism personally the judges’ face for their order, why do they not react? For the simple reason, personally, they do not have an ego. You attacked the institution; your comment was on the institution. Personally, we are magnanimous…we are entitled to take action, we do not do that because we do not have an ego. We do that seldom, very rarely…”, said the bench.
Asokan was present in the courtroom pursuant to a notice issued on an application filed by Patanjali Ayurved for contempt action against him. He expressed an unconditional apology, however the bench was not happy with his conduct.
The bench, citing an affidavit filed by Asokan, said: “We expected more sense of responsibility from you while giving the interview, you cannot vent your internal feelings in the press like this and that too, against the order of this court…..words chosen in the interview. How could you do that?” The IMA president apologized unconditionally.
However, Justice Kohli, “whether we accept such an apology after the kind of damaging statement you have made. Very unfortunate….you drag the other side (Ramdev and Acharya Balkrishna) to the court for valid reasons according to you saying that they are taking the whole world for a ride (everything to do with allopathy)…”.
Referring to Swami Ramdev, the bench told Ashokan that he did the same thing in an interview after the court passed the order. “How can we accept (the apology) is heartfelt…you do exactly the same, how can we give you the benefit of the doubt….you are the petitioner…”, said the bench.
Justice Kohli said it took IMA seriously enough to call the other side, Ramdev and Acharya Balkrishna, and their apologies did not impress the court not once, not twice, and more than three times, “as we knew it was not coming from the heart. We have the same to say about your affidavit”.
Justice Kohli told the IMA president, “You cannot sit on a couch giving an interview to the press and lampooning the court….in a sub judice matter and in a matter which you are a party….we are not all very unhappy with your affidavit….this conduct cannot be condoned so easily”.
“You point fingers at the other side and you behave in the same manner or worse, that is why we asked for this affidavit…”, said the bench, adding what kind of example is the IMA president setting for the rest of his colleagues, 3.50 Lakh doctors’.
The bench asked Ashokan, “Why didn’t you give a public apology and why did you wait to come here…you could have gone to the same news agency and said what you are telling us on the affidavit.”
The bench told senior advocate P S Patwalia, representing IMA, “We are not at this stage inclined to accept the apology tendered by your client”. Patwalia stressed that Asokan is a respected doctor and added, “Give us one chance, we will take steps…..”.
Meanwhile, senior advocate Balbir Singh, representing Ramdev and Balkrishna, also requested that his clients be excused from personally appearing before the court. The bench agreed to dispense with their presence and added that it is reserving order in the contempt matter. The bench asked Singh to file his affidavit, saying that it would make a difference.
After reserving orders in the contempt matter, the bench said the public is cognisant, if they have choices they make well-informed choices, and added Baba Ramdev has a lot of influence, and he should use it in the right way. A council said Ramdev has done a lot of good for yoga. The bench replied, "What has been done for yoga is good, but Patanjali products are another matter”.
On May 7, the bench had termed as "very, very unacceptable" the statements made by Asokan targeting the apex court in a recent interview to a news agency. Asokan was answering questions regarding Patanjali’s misleading advertisements case.
Senior advocate Mukul Rohatgi, representing Patanjali, had submitted that they have filed an application urging the court to take judicial notice of the "wanton and unwarranted comments" made by the IMA president.
The apex court was hearing a plea filed in 2022 by the IMA alleging a smear campaign by Patanjali and yoga guru Ramdev against the COVID vaccination drive and modern systems of medicine.
