New Delhi (TIP)- The Supreme Court on April 10 lambasted yoga guru Ramdev and Patanjali Ayurved managing director Acharya Balkrishna, refusing to accept their unconditional apology for issuing misleading advertisements and saying the judges didn’t want to be “so generous” after the two were caught on the wrong foot with their “back to the wall”.
A bench of justices Hima Kohli and Ahsanuddin Amanullah also came down heavily on the Uttarakhand government, saying the authorities kept their “eyes shut” by not cracking down on the company for violating advertising rules by making false claims about curing diseases such as diabetes and asthma.
“We decline to accept your affidavit (of apology)or condone your conduct. We consider it wilful breach of our order (of November 21, 2023). We decline to accept this affidavit. This is deliberate violation of law for which you will have to suffer consequences,” the bench told Ramdev and Balkrishna. The court pointed out that the affidavit of unconditional apology was released to the media before being filed in court, and suggested that this implied it wasn’t genuine.
The court pulled up Uttarakhand officials for acting “in cahoots” with the contemnors and failing to register cases against Patanjali for issuing advertisements promising cures for lifestyle and other specified ailments prohibited under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, Drugs and Magic Remedies (Objectionable Advertisements) Rules 1955, and Drugs and Cosmetics Rules 1945. The court directed the state licensing officers and district ayurvedic officers posted in the state since 2018 (since when complaints against Patanjali are pending) to explain their inaction within two weeks.
“We will rip you apart… Why should we not think that you were in cahoots with the contemnor respondents and you were keeping your eyes shut deliberately?” the bench asked.
The court, which fixed April 16 as the next date of hearing, directed Ramdev and Balkrishna to remain present for the third time, reminding the two that they were taking things “too lightly” when there was a “wilful and deliberate breach of law” in a contempt case, for which consequences will follow.
On April 2, the court had refused to accept the affidavit filed by Ramdev and Balkrisna, giving them an opportunity to file a fresh affidavit. The bench indicated that it might initiate perjury proceedings after noting a wrong fact in an application that sought exemption from personal appearance for the two men.
In that document sworn on March 30, they attached a copy of the travel ticket of March 31, which infuriated the bench. “The fact remains that when the affidavit was sworn, no such ticket was there and an attempt was made to wriggle out of the proceedings before court,” the bench remarked
“The apologies that are on record are on paper. Since you have been caught on the wrong foot and their back is already against the wall, having gone to town saying all kinds of things the very next day of our order passed (on November 21) where your counsel had given undertaking… we are wondering why should we not treat your affidavit with the same disdain that you showed to your undertaking. We won’t accept your affidavit,” the court said.
“Patanjali, Baba Ramdev did not find it fit to send us the fresh apology affidavits. Till matter hit the news, this court did not have the benefit of getting the affidavits. They sent it to media first. They clearly wanted to publicise it by putting it into public domain. Till 7.30pm yesterday it was not uploaded for us,” the court added.
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