A day before the hearing scheduled to take place in the Supreme Court, Patanjali MD Acharya Balkrishna and yoga guru Baba Ramdev filed a fresh affidavit expressing an “unconditional and unqualified apology” for publishing misleading medical advertisement violating the undertaking given to the court.
The apex court's two-judge bench, headed by Justice Hima Kohli and also comprising Justice Ahsanuddin Amanullah, will hear the matter on Wednesday when the affidavit would be taken into record and it is likely to take a final decision in this regard.
In the affidavit filed in the top court, Ramdev and Balkrishna said they would comply with the SC's order in letter and spirit, and also upheld the majesty of law and the majesty of justice.
Patanjali Ayurved had assured the Supreme Court that it would not violate any law, especially those related to advertising or branding of products manufactured and marketed by it.
The company had also given an assurance that "no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form".
Both of them also tendered an "unconditional and unqualified apology" for the press conference on November 22 last year and undertook not to make any public statements which may amount to breach of the undertaking given as recorded by the SC.
On the last date of hearing on April 2, both Ramdev and Balkrishna appeared in person before the same two-judge bench, complying with the SC's earlier order asking them to do so.
Although Ramdev had tendered an unconditional apology before the SC for violating its order, the court expressed serious dissatisfaction with the language used by him in his affidavit.
"You cannot write anything and get away. Sorry we are not so magnanimous," the apex court told Ramdev. It, however, in a goodwill gesture, granted one more last opportunity to Baba Ramdev and Achaya Balkrishna to file their respective proper responses in the matter and posted the case for further hearing to April 10.
It was hearing the petition filed by the Indian Medical Association (IMA), alleging that Patanjali Ayurveda's advertisements, which claimed to cure certain diseases including blood pressure, diabetes and asthma, amounted to misinformation. "It is completely wrong to advertise on such kind of diseases and to cure such diseases," the IMA said.
In a hearing on February 27, the top court had imposed a temporary ban on advertisements of Patanjali Ayurveda's medicines and issued contempt notices to its founders Ramdev and Balkrishna for making misleading claims.
Citing the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, the Supreme Court had restrained the company from issuing advertisements relating to various diseases including blood pressure, diabetes and asthma.
