Baba Ramdev and Patanjali Ayurved Managing Director(MD) Acharya Balakrishna today told the Supreme Court that they are willing to tender a public apology in the misleading advertisements case.

The Bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah was dealing with 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.

At the outset, Senior Advocate Mukul Rohatgi appearing for Patanjali Ayurved submitted, "We are willing to give a public apology to show contrition and tell the public that it's not only that I am doing some service to the Court...because my product is shown to the public. It has a large turnover.... I don't think we should go on today, your Lordship will decide on merit. Because we claim that we have an alternative system to medicine, and this is a case of contrition, and this I will argue on another day."

With respect to the proposed public apology, Rohatgi submitted, "So what happened was that we had framed it (public apology), but I wanted to show it to your Lordships for perusal so that nothing is left out."

Justice Kohli asked, "Mr. Rohatgi do you want us to vet your.."

Rohatgi responded, "No, no..my mistake then. It is just out of caution, so that tomorrow My Lord, somebody should not say that I left out something. It is not that I wanted to place it on record and ask for Your Lordships' approval. It is Counsel assisting the Court."

The Court then interacted with Baba Ramdev and Acharya Balakrishna directly in Hindi, who were present in Court. The Bench questioned Ramdev first. "People praise you. You have done a lot for Yoga. Apart from Yoga, you started this company (Patanjali), which is a business, we all know that. But what you, going against the Court's November 2023 Order, gave a press conference? Was it right?" Justice Kohli asked Ramdev.

To this, Baba Ramdev replied, "For the mistake we did, we have tendered an unconditional and unqualified apology and we are in front of you."

Justice Kohli said, "This your Lawyer has also told us. We want to know, right next day of the November 2023 Order, what did you think? That you will hold a press conference and give advertisements also in the morning newspaper? Ayurverda that you are promoting in the advertisements is not the only branch of medicine in this Country, we have many such branches like Yoga, Unani, etc. In our country, all the branches of medicine are used, it is not that only Allopathy is used, there are many home remedies also, that people use. This doesn't mean, that for your branch of medicines (Ayurved), you will say that the other is not up to the mark and that it is so bad that it should be banned. Why would you say so?"

Ramdev answered, "I want to repeat, I had no intention to disrespect the Order of the Court." He told the Bench that Pantajali has done more than 5000 research protocols all over the world, this is the first time in history and that Ayurved has been declared "evidence-based medicine". "I am not criticising anybody," he added.

Justice Kohli said, "We are not on that, we are talking about the press conference that you held. Especially, when your Counsel told this Court that you will not do so, that for promoting Ayurveda you will not shoot down other medicines and treatments. Nobody had given you this right. After your Counsel's statement and our Order. You did this."

Ramdev sought an unconditional apology for his actions. He regretted his actions and told the Bench that he would be very careful now onwards.

The Court then asked Balakrishna to respond to the same question that was asked to Ramdev.

Balakrishna responded, "Like Swamiji said, I also want to tender an unconditional apology before the Court. The mistake was done unintentionally. Now onwards, we will be very careful with our actions. We shouldn't have disrespected the Court's Order, we are at fault on that. We want to tender an apology for that."

Justice Amanullah said, "You cannot degrade Allopathy, you do your work, you are doing great work, but don't point fingers at others. Let them do their work."

"Everyone is doing good," Justice Kohli added.

The Bench clarified, "You are not so innocent that you didn't know what we said in the earlier order. Especially when the company has a turnover of crores and has a legal team as well....We are not saying at this stage we are letting them off the hook. We will think about this, because of your previous history, we cannot unsee everything...All of this went on till December, the last advertisement was published in February 2024."

Ramdev submitted, "I want to assure the Court that, this shall not be repeated in future."

"Your actions should speak louder than your words," Justice Kohli remarked.

The Court granted one week time to Ramdev, Balkrishna and Patanjali to issue a public apology, though the Court did not expressly mention that in the order, and directed the duo to be present in person on the next date of hearing as well. Accordingly, the Court scheduled the matter for further consideration on April 23.

Pertinently, on April 10, the Court had refused to accept second Affidavit tendering an unconditional apology filed by Baba Ramdev and Patanjali Managing Director (MD) Acharya Balakrishna over Patanjali Ayurved's alleged "misleading advertisements." The Court had also pulled up the Uttarakhand State Licensing Authority for not taking action against Patanjali Ayurved for publishing 'misleading advertisements'. The Court had told the State Licensing Authority, "We will rip you apart," when Senior Counsel Dhruv Mehta appearing for the Authority submitted that it acted under bonafide impression regarding an order passed by the Bombay High Court about the regulation under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.

On April 2, the Bench had directed both Ramdev and Balakrishna to remain present before it on the next date. The Bench also granted them a last opportunity to file their affidavits in the matter in one week. It is to be noted that on March 19, the Court had directed Ramdev and Balakrishna to appear before it for the first time for not replying to the show cause notice issued to them in contempt proceedings.

On February 27, the Court had come down heavily on Patanjali Ayurveda conglomerate for persistently disseminating alleged misleading claims and advertisements targeting modern systems of medicine and restrained it from advertising or branding some of the products manufactured and marketed by it that were meant to address the ailments/diseases/conditions mentioned under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 and the Rules.

The Court had also expressed dissatisfaction with Patanjali Ayurved's ongoing promotion of such misleading information, despite giving an assurance in November 2023. On the earlier occasion, the Court had orally told Senior Advocate PS Patwalia that it is focused on the cause and on any individual. Senior Advocate Sajan Poovayya had then requested that the part of the order where the Court says that the issue is confined to Patanjali be corrected to say that the matter is not confined to Patanjali. Justice Amanullah said that Patanjali's case will be used as a test case, something to begin with for the present and that the exercise will not be limited to Patanjali.

Also, previously, the Bench had also expressed its reluctance to turn the matter into a debate of "Allopathy vs. Ayurveda".

Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]

Justice Hima KohliJustice Ahsanuddin AmaahPatanjali Ayurved

Sukriti Mishra