Justice Abhay S. Oka, Justice Ujjal Bhuyan, Supreme Court
SC Warns States Of Contempt Action Over Non-Compliance Of Its Orders For Curbing Misleading Advertisements Under Drugs And Magic Remedies Act
|The Apex Court was hearing the Writ Petition filed by the Indian Medical Association (IMA), in which Patanjali was restrained from advertising or branding some of its products.
The Supreme Court today issued strong directions to ensure compliance by states and Union Territories in addressing misleading claims and advertisements while warning of contempt proceedings under the Contempt of Courts Act, 1971, for non-compliance.
The Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing a Writ Petition filed under Article 32 by the Indian Medical Association (IMA), wherein, by an Order dated February 27, 2024, Patanjali was restrained from advertising or branding some of the products manufactured and marketed by it that are meant to address the ailments/diseases/conditions mentioned under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 and the Rules thereunder.
The Court reviewed submissions made by Amicus Curiae Shadan Farasat, who highlighted the lack of prosecution under Sections 3 and 4 of the relevant law, as per state affidavits. “No prosecutions are happening, and many states cite difficulties in identifying offenders,” the Senior Counsel submitted.
Justice Oka questioned the inadequate steps taken by states, pointing out that responses like the Delhi Government's claim of difficulty in identifying offenders and Karnataka's explanation regarding unidentified offenders were unsatisfactory. "Why not take action based on complaints received?" the Bench asked.
Compliance Schedule and Warnings
The Court decided to assign specific dates for reviewing compliance by states in batches:
1. February 10, 2024: Compliance from Uttar Pradesh, Delhi, Gujarat, and Jammu & Kashmir will be considered. Further affidavits must be filed by February 3, 2024, with copies to the amicus curiae for compilation.
2. February 24, 2025: Jharkhand, Karnataka, Kerala, Madhya Pradesh, and Punjab must submit compliance by February 17, 2025.
3. March 17, 2025: The remaining states and Union Territories are to file affidavits by March 3, 2025, for consideration.
The Court emphasized, “We make it clear that for every instance of non-compliance, we may initiate contempt proceedings against the concerned states or union territories.”
During the hearing, the Court also discharged contempt proceedings initiated against the president of the Indian Medical Association for alleged remarks. The Court ordered, “In view of the apology tendered and the affidavit filed by the president, no further action is contemplated.”
Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]