NEW DELHI: A dissatisfied Supreme Court on Tuesday took strong exception to Patanjali Ayurved's MD for not filing their reply to its earlier notices on 'violating' an undertaking on misleading advertising products, forcing it to direct Baba Ramdev and Balkrishna to be personally present before it in the next date in the case.
The order of the Top Court seemed to be a big setback for yoga guru, Baba Ramdev and Patanjali.
The apex court's two-judge Bench, led by Justice Hima Kohli and also comprising Justice Ahsanuddin Amanullah, passed these remarks against Patanjali and others, after hearing a petition filed by the Indian Medical Association (IMA).
The IMA alleged that this was completely wrong misinformation on the part of Patanjali Ayurveda's advertisements, which claimed to cure certain diseases including blood pressure, diabetes and asthma. "It is completely wrong to advertise such kind of diseases and to cure such diseases," the IMA said.
Senior lawyer and former Attorney General (AG) of India Mukul Rohatgi, appearing for Patanjali and Ramdev, strongly objected to the observations and remarks against his clients. "How does Ramdev come into the picture in the case," he told the top court.
Rohtagi also pointed out to the apex court that the violation of the law (by the contemnors) was not contempt of court and what was being relied on in open court has to be recorded in the order.
But, the Court did not listen to Rohatgi and passed the order for personal appearance of Ramdev. The court, altough, in the open court dod not record the next date of hearing in the case, but it is expected that the matter would come up for hearing after April first week.
In the previous hearing on February 27, the Court had imposed a temporary ban on advertisements of the Patanjali Ayurved's medicines, and issued contempt notices to its founders Ramdev and Balkrishna for making misleading claims.
"Ramdev and Patanjali Chairman Acharya Balkrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954," the bench had said earlier in its hearing.
The Supreme Court had earlier in its order restrained the company from issuing all advertisements relating to various diseases; including; Blood Pressure, Diabetes and Asthma.
The Apex Court in its earlier order restrained a temporary ban - including Print and TV -- on Patanjali medicine advertisements.
Relying on Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, the Apex Court in its order restrained Patanjali Ayurved from advertising its products relating to diseases/ disorders.
"The entire country is taken for a ride (by Patanjali)," an angry SC had observed.
The Apex Court also slammed the Centre for not taking enough of actions against those who published or showed such kind of misleading advertisements.
In a similar development, Dr Babu KV, an RTI Activist, who pursued this case against Ramdev and Patanjali, had said with the Supreme Court's order today against Patanjali, his stand is vindicated.
"I had been complaining to the Ministry of Ayush, the state licensing authority of Uttarakhand, the central consumer protection authority and at last the Prime Ministers office for a period of two years against the continuing violation of magic remedies act by Patanjali," Dr Babu said.