‘Will rip you apart’: SC slams govt officials, rejects apologies from Ramdev, Balkrishna

: The Supreme Court on Wednesday rejected the second apology by Patanjali in the case of misleading advertisements, asking them to be ‘ready to face action.’’

The apex court refused to accept the affidavits of yoga guru Ramdev and his close aide Balkrishna of Patanjali Ayurved tendering unconditional apologies for publishing “misleading” advertisements, asserting the court doesn’t want to be “so generous” as they were issued after the duo was caught with their “back against the wall”.

A bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah came down heavily on the Patanjali duo, saying their actions were “wilful, deliberate and repeated violations ‘’ of the top court’s orders.

The bench also rapped Patanjali for releasing their apology affidavit first to the public instead of submitting it to the court.

The apex court also slammed the Uttarakhand State Licensing Authority for its inaction on the issue and said it is not going to take it lightly as the authority appeared to have kept its “eyes shut deliberately”.

“We will rip you apart,” Justices Kohli and Amanullah told the counsel representing the authority in an unusually stern reprimand. Rebuking the licensing authority, the bench said that the Supreme Court has become a “mockery now.’’ “People think we sit in ivo=ry towers. Your officers should be hauled up. You are hands-in gloves with Patanjali,’’ the top court added.

The top court observed that after the notices to show cause were issued to Ramdev and Balkrishna, they “attempted to wriggle out” of their personal appearance before the court which is “most unacceptable”.

The court said that Patanjali MD and Ramdev tried to evade personal appearance before the court by making false claims of travel abroad.

In the affidavit affirmed on March 30, flight tickets dated March 31 were annexed.

“Having regard to the entire history of the matter and the past conduct of the contemnors…, we have expressed our reservations about accepting the latest affidavit filed by them,” the bench said while dictating the order in the courtroom. The court fixed the matter for resumed hearing on April 16.

On the state authority, the top court said it was “appalled to note that except for pushing the files” the competent authority within the office of State Licensing Authority did nothing and was in “deep slumber” over the issue for four-five years.

The bench, which interacted with the joint director of the authority during the hearing, said he should have acted in accordance with law. It said his predecessor will file an affidavit explaining the inaction on his part during his tenure.

The bench also directed that the district Ayurvedic and Unani officers, Haridwar, who were posted there from 2018 till date, shall also file affidavits explaining the inaction on their part.

Senior advocate Mukul Rohatgi, appearing for Ramdev and Balkrishna, referred to the affidavits filed by them tendering unconditional and unqualified apology.

“The apologies that are on record are on paper. We think that having been caught on the wrong foot and noticing that their back is actually against the wall and having gone to town saying all kind of things on the very next day of the order passed where your counsel had given undertaking, we don’t accept this affidavit,” the bench said.“We decline to accept or condone it. We consider it a wilful and deliberate violation of the order and the breach of the undertaking… We decline to accept this affidavit,” it said.

When Rohatgi said people do make mistakes, the bench retorted, telling him then they suffer the consequences.

“We don’t want to be so generous in this case,” the top court said.

The bench observed it is not convinced with the affidavits filed by Ramdev and Balkrishna.

“We are wondering why should we not treat your apologies with the same disdain that you showed in your undertaking and the orders of this court,” Justice Kohli said.

The bench, which perused the affidavits filed by the state licensing authority, said it wanted to ask the authority several questions.

“You are the executing authority under the Act ‘Drugs and Magic Remedies (Objectionable Advertisements) Act’. What did you do? What did you wait for? For us to prod you,” the bench asked the authority’s counsel.

It said the Centre had clearly told the state authority in 2020 to stop objectionable advertisements. The bench asked why should the officer of the licensing authority and district Ayurvedic and Unani officer be not suspended for their inaction.

When the authority’s counsel referred to the bona fide of its officers, an anguished bench said, “Bona fide, you say? We will rip you apart on bona fide. 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.

Towards the end of the hearing, Rohatgi said they were prepared to issue a public apology. “We will deal with it,” the bench said before dictating the order.

Ramdev and Balkrishna have tendered an “unconditional and unqualified apology” before the apex court over advertisements issued by the firm making tall claims about the medicinal efficacy of its products.

In two separate affidavits filed in the court, they tendered unqualified apologies for the “breach of the statement” recorded in the November 21 last year order of the apex court.

The apex court is hearing a plea filed by the Indian Medical Association (IMA) alleging a smear campaign against the Covid vaccination drive and modern systems of medicine.

On April 2, the top court had come down hard on Ramdev and Balkrishna and rejected their previous apology as “lip service”.

In the November 21, 2023 order, the top court had noted that counsel representing Patanjali Ayurved had assured it that “henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form”.

The top court had said Patanjali Ayurved Ltd is “bound down to such assurance”.

Non-adherence to the specific assurance and subsequent media statements by the firm had irked the apex court, which later issued notice to them to show cause as to why contempt proceedings be not initiated against them.

It had also questioned the Centre’s alleged inaction over Patanjali’s claims about the efficacy of its products and for denigrating allopathy during the Covid peak and asked why the government chose to keep its “eyes shut”.

The apex court had strongly disapproved of Balkrishna’s statement that the Drugs and Cosmetics (Magic Remedies) Act was “archaic” and said Patanjali Ayurved’s advertisements were in the “teeth of the Act” and violated with impunity the undertaking given to the court.

On March 19, the court had directed Ramdev and Balkrishna to appear before it after taking exception to the company’s failure to respond to the notice issued in the case relating to advertisements of the firm’s products and their medicinal efficacy.

The top court had said it deemed it appropriate to issue Ramdev a show cause notice as advertisements issued by Patanjali, which were in the teeth of the undertaking given to the court on November 21, 2023, reflect an endorsement by him.

The apex court said the Authority remained in “deep slumber” and there was a clear attempt by it to “pass the buck” and somehow delay the matter despite it being informed about the misleading advertisements.

“Why should we not think that you were in cahoots with the contemnor respondents and you were keeping your eyes shut deliberately?” Justices Hima Kohli and Ahsanuddin Amanullah told the counsel appearing for the Authority.The bench said it was “appalled to note that except for pushing the files”, the Authority has done nothing. “In all these four-five years, the State Licensing Authority has remained in deep slumber,” the bench said.

The counsel appearing for the Authority told the court that its incumbent joint director had taken over the post in June last year.The top court said that in its opinion nine months is enough time for the officer to have acted in accordance with law.

The bench said it appeared that his predecessor was “equally complicit” in light of the same inaction during his tenure.

It said the Authority has filed a detailed affidavit before the court trying to explain the action taken by it on the central government corresponding with the Authority regarding objectionable advertisements of AYUSH products manufactured by Divya Pharmacy.

“The disdain shown by Divya Pharmacy to the repeated notices of show cause issued by the State Licensing Authority is apparent from the tone and tenor of their reply…,” it observed.

The bench said it appeared that if the court would not step in, the Authority would abdicate its duties under the statute and await an order from the apex court for implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.