पतंजलि केस में सुप्रीम कोर्ट ने IMA अध्यक्ष को फटकारा: कहा- अपने खर्चे पर छपवाएं माफीनामा; अगली सुनवाई 27 अगस्त को होगी

The bench will hear the case next on August 27.

The Supreme Court on Tuesday (August 6) questioned Indian Medical Association (IMA) President Dr. RV Ashokan regarding his apology for an interview. The court asked whether the apology for contempt of court was published in the newspaper where the interview given to news agency PTI was published.

The court also said that this apology should be printed from Ashokan’s own money and not from IMA funds. The bench will hear the case next on August 27.

IMA president had called the court’s comment unfortunate
The Supreme Court is hearing a petition filed by the IMA in 2022. It accuses Patanjali of defaming the COVID vaccination campaign and modern medical practices. Regarding this, the Supreme Court had said in response to a question during the hearing on April 23, ‘IMA is raising one finger towards Patanjali, while the remaining four fingers are towards them.’

After this, on 29 April, IMA President Dr. RV Ashokan had described the court’s comment as unfortunate in the news agency PTI. Dr. Ashokan had said that the vague statements of the Supreme Court have lowered the morale of private doctors. Patanjali had informed the court about this statement. The bench had strongly objected to this and issued a notice to the IMA chief and sought a reply. Also, it had directed to apologize in the newspapers.

After this, Ashokan told the Supreme Court on July 9 that his unconditional apology has been published in several publications. The apology was published in the association’s monthly publication, the IMA website and PTI.

​​​​​What happened in the hearing on May 7?
In the Supreme Court, a bench of Justice Hima Kohli and Justice Hassanuddin Amanullah heard the petition filed by IMA on May 7. It said that Patanjali did negative propaganda against covid vaccination and allopathy.

The bench had said that celebrities and social media influencers are equally responsible if the advertisement of any product or service that influences people is found to be misleading.

In its criticism of the IMA, the Supreme Court had also said that you (IMA) say that the other party (Patanjali Ayurveda) is misleading, discontinuing your medicine – but what were you doing?! … Let us make it clear, this court is not expecting any kind of pat on the back.

Patanjali Wellness advertisement published on July 10, 2022. The advertisement accused allopathy of spreading “misconceptions”. IMA had filed a petition on August 17, 2022 regarding this advertisement.

The court asked the Center- why states were stopped from taking action against misleading advertisements
The Supreme Court had asked the Central government why it had asked AYUSH officers in states and Union Territories not to take any action against misleading advertisements under Rule 170 of the Drugs and Cosmetics Rules, 1945.

The court had said- broadcasters will have to file self-declaration form
The SC had said that broadcasters must file a self-declaration form before showing any advertisement, stating that the advertisement complies with the rules. The court had said that TV broadcasters can upload the declaration on the Broadcast Service Portal and ordered that a portal be set up within four weeks for the print media.

The court also referred to the 2022 guideline related to misleading advertisements. Its guideline 13 states that a person should have sufficient knowledge or experience about the product or service he is endorsing. He should ensure that it is not misleading. The bench pointed out the need to create a process for filing consumer complaints.

Hearing of Patanjali case till now in seven points…

1. August 2022: Indian Medical Association filed a petition against Patanjali
The Supreme Court is hearing a petition filed by the Indian Medical Association (IMA) on August 17, 2022. It states that Patanjali carried out negative propaganda against COVID vaccination and allopathy. At the same time, it made false claims of treating some diseases with its own Ayurvedic medicines.

2. November 2023: Supreme Court said- Patanjali is deceiving the country by making misleading claims
The court said- Patanjali is deceiving the country by making misleading claims that its medicines will cure some diseases, while there is no concrete evidence of this. Patanjali cannot advertise its products claiming to cure diseases mentioned in the Drugs and Magic Remedies (Objectionable Advertisements) Act.

3. January 2024: Patanjali issued advertisements in print media even after court order
IMA presented the advertisements issued in the print media in December 2023 and January 2024 before the court. After Patanjali issued misleading advertisements despite the court’s refusal, the court has also issued a notice asking why contempt proceedings should not be initiated against them.

4. March 2024: Swami Ramdev and MD Acharya Balkrishna asked to appear in court
On March 19, the Supreme Court was told that Patanjali Ayurveda had not responded to the contempt notice. The court also asked Patanjali co-founder Baba Ramdev and the company’s MD Acharya Balkrishna to appear before the court in person. Balkrishna issued an apology on March 21.

5. April 2024: The court rejected the apology, said – not satisfied with your apology
On April 2, the court reprimanded Ramdev and Balkrishna for not filing a proper affidavit regarding misleading advertisements. The court asked Ramdev and Balkrishna to be “ready for action”. The court rejected their apology and said – your apology is not satisfying this court.

6. April 2024: Patanjali filed an apology in the court, also got it published in 67 newspapers
Patanjali filed an apology in the court on April 23 for the misleading advertisements. It was published in 67 newspapers. On this, Justice Hima Kohli said- Was the size of this ad the same as your advertisements? When you publish an advertisement, it does not mean that we will look at it through a microscope.

7. April 2024: Reprimanded for e-filing instead of original apology
The court reprimanded Patanjali’s lawyer for filing an e-filing instead of the original apology (copy of newspapers). The court also reprimanded the Uttarakhand government for not taking timely action against Patanjali. The court gave the date of May 7 for the next hearing.