Baba Ramdev advertised Coronil but did not prevent anyone from getting COVID vaccine: Delhi High Court

Baba Ramdev encouraged the government's COVID vaccination drive and had never stopped people from going to hospitals, the Delhi High Court observed on Tuesday while hearing a plea filed by the Resident Doctors Association, AIIMS Rishikesh against Ramdev to restrain him from disseminating false statements and information about Patanjali's Coronil tablets [Resident Doctors Association, All India Institute of Medical Sciences (AIIMS), Rishikesh and Ors. Vs. Ram Kishan Yadav Alias Swami Ramdev and Ors.].Single-judge Justice C Hari Shankar said that while Ramdev did advertise Coronil, he did not dissuade the COVID vaccination drive. "They are saying he (Ramdev) did advertise Coronil but he never said don't go for vaccination. On the other hand, he even encouraged the government's vaccination drive. He hasn't expressly stopped anyone from going to a hospital. Yes, he promoted Coronil and advertised it as a cure for Corona. However, I'm not going into whether he's violated any advertising law or not," the judge remarked.The Court also responded to petitioner's counsel, Senior Advocate Akhil Sibal's contention regarding Ramdev's disparaging remarks about allopathy. "He has made a statement about allopathy but that's a point of view. Whether or not you want to follow it, that's your headache. All he's saying is that you take my medicine and your SPO2 (oxygen saturation levels) will be fine."In this regard Justice Hari Shankar also observed that Ramdev has not curtailed anybody's right."Whatever the defendant has said, he has not curtailed anybody's right. If you want to follow it, you follow it. If not, then you don't follow it."The Court after hearing the petitioner briefly adjourned the matter for further hearing on October 5. The petitioner association's primary objection was with respect to the veracity of the claims made by Ramdev who allegedly called Coronil a cure for COVID."They (defendants) are telling the public not to follow health protocols and instead take Coronil which is propagated as medicine and a cure for corona without a license.....If you don't have a license to call it cure, why are you advertising it as a cure? You are essentially telling the people to not take the vaccine or go to a hospital because they'll meet their death there. You are saying here, I have a remedy which will save you and cure you. This affects public health and warrants an answer," Sibal submitted on behalf of the petitioner. He contended that selling of medicines is a regulated area and any random person is not allowed under law to set up shop on street corner and start dispensing what he calls medicine since the same has public health implications.Sibal also emphasised that Ramdev was indulging in commercial speech but the same is not a license to give misleading speech."Commercial speech is not a license for misleading speech. In comparative or disparaging advertising cases, one of the issues that always gets considered is if the information you're giving the public is true or false," he said.To this, the Court responded by stating that Ramdev never stopped the people from going for vaccination or to a hospital and his statements against allopathy were his point of view, which he is entitled to. .Earlier, the Delhi High Court had refused to restrain Ramdev from making any statements against the use of allopathic medicines and in favour of Patanjali's Coronil as it remarked that the averments were just an "opinion" which had to be tested at the touchstone of free speech."It is an opinion..any case founded on prayer for blocking statements has to be tested on anvil of art 19(1)(a).. there is a right.. terminology may be offensive," the Court had said.Senior Advocate Rajiv Nayar assisted by advocates Simranjeet Singh and Mizan Siddiqui appeared on behalf of Swami Ramdev. Further, Senior Advocate Inderbir Alag assisted by advocate Mizan Siddiqui from Athena legal appeared on behalf of Patanjali Ayurved Limited and associated companies.