By Ritika Jain
Supreme Court said Uttarakhand’s state licensing department was “equally complicit” for not acting against Patanjali when it advertised its products for curing incurable diseases which is a violation of the Drug and Magic Remedies (Objectionable Advertisements) Act 1954.
At the peak of the pandemic, Patanjali published ads claiming that its product Coronil, could cure Covid-19. Uttarakhand government submitted it was cognizant of the matter and had issued several warnings (the law doesn’t contemplate warnings but calls for prosecution) to Patanjali.
However, noting the state’s inaction, the bench asked if the authorities were “hand in glove” with Patanjali or Divya Pharmacy, its subsidiary.
“Why should we not believe that you are in cahoots with Patanjali? That you haven't kept your eyes closed deliberately and let them get away with everything? Your officers have done nothing, action must be taken against them,” the bench comprising Justices Hima Kohli and Amanatullah Khan said.
Suggesting that it would not take the issue lightly, SC directed all officers from 2018 till date holding the position of ‘Joint Director of the State Licensing Authority, Haridwar’ to file affidavits on why action shouldn’t be taken against them.
“What is the mercy for one officer in the face of voiceless people who have been consuming Patanjali products for incurable diseases. The common man sent countless letters of complaints, you did nothing,” the bench said when the State sought mercy for the incumbent state licensing officer who was present in court today.
“Let this be an example to all FMCG product companies who take their consumers up the garden path,” Justice Kohli said. “What is one man’s mercy in the face of the thousands of faceless people who complained against Patanjali [products],” the bench said while dismissing pleas for mercy toward the incumbent official from the licensing department who was present in court today.
The Supreme Court was hearing contempt pleas against Patanjali, its MD Acharya Balakrishnan and yoga guru Baba Ramdev for issuing misleading advertisements and disparaging allopathy despite court orders. The ayurvedic company and its MD have tendered their apologies on two previous occasions, only to be rejected by the top court.
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“We will rip you apart”: SC to Uttarakhand government
The Supreme Court said it was “appalled” at how the state’s licensing department kept “pushing the pile” and “passing the buck” to “somehow delay matter” when asked to act against Patanjali.
“The State Licensing Authority remained in deep slumber and the person who holds the position of the Joint Director is holding the post since the past nine months. It is enough to be aware of the matter. The predecessor is also complicit in this case and he is also directed to file an affidavit explaining his conduct when misleading ads were being given by Divya Pharmacy in violation of the law. The disdain shown by Divya Pharmacy to the warnings of the State Authority is apparent from the tone and tenor of the reply,” the court noted.
What did the Uttarakhand government do when Patanjali and Baba Ramdev violated the law by promoting Coronil and its other medicinal products claiming to cure incurable diseases, SC said.
“Your officers did nothing but push files and twiddle their thumbs,” the Supreme Court said adding, “Tell us why we shouldn’t come down on you like a ton of bricks?”
“We will rip you apart,” the Supreme Court said coming down heavily on the Uttarakhand government. “We will not let you get away with this,” adding that this was probably why the “Supreme Court is becoming a mockery” and people think that judges live in ivory towers.
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Reject Patanjali, Baba Ramdev’s “paper apology”: SC
Supreme Court rejected Patanjali, its MD Acharya Balakrishnan, and yoga guru Baba Ramdev’s second attempt at apologizing in the contempt case against them for publishing misleading ads despite court orders.
The court noted that Patanjali and Baba Ramdev’s second attempt at an apology was simply on paper and warned it of penal consequences. “Apology is on paper and it has been tendered only because their backs were against the wall. We decline to accept this, we consider it a deliberate violation of the undertaking,” the top court told senior advocate Mukul Rohatgi, Patanjali’s lawyer when he sought mercy and “people make mistakes”.
“Why should we not treat your apology with the same disdain as shown to court undertaking? We are not convinced. Now going to turn down this apology,” the bench said.
The top court will next hear the matter on April 16.
