[Baba Ramdev Coronil case] Making profit is not a wrongful act: Delhi High Court

The Delhi High Court on Monday observed that the plea filed by Resident Doctors Medical Association against Baba Ramdev could not be thrown out without grant of leave to institute a suit under Section 91 of the Civil Procedure Code (CPC) [Resident Doctors Association, All India Institute of Medical Sciences (AIIMS), Rishikesh and Ors v. Ram Kishan Yadav Alias Swami Ramdev and Ors]..While hearing the plea filed by seven doctors against the Patanjali founder for pedalling misinformation and making statements against allopathy during the promotion of 'Coronil', Justice C Hari Shankar of the Delhi High Court ordered,"Prima facie it appears that the present suit cannot be thrown out at the threshold without granting leave to institute a suit under Section 91 of the Civil Procedure Code (CPC)."Advocate Mizan Siddiqui, who appeared on behalf of Baba Ramdev, requested the Court to not record this statement in its order. In response, the Court asked,"Who are you to tell the Court what not to record in the order?"The Court also told counsel representing Ramdev that the matter will no longer be stalled and would be taken up at first call on the next date, without being passed over. Thereafter, it listed the matter for hearing on October 27, 2021..Appearing on behalf of the petitioner doctors association, Senior Advocate Akhil Sibal submitted,"He's making statements to the public that say he has a license to say that Coronil is a cure for Corona. The government stepped in and said you cannot say this. What I'm saying is either you have a license to make such statements or you don't, and if you do not, please don't mislead the public. If you wish to claim something is a drug, the regulatory procedure is prescribed for the same."Sibal also relied on an article published in The Hindu in June 2020, wherein Ramdev had made statements to the effect that Coronil is not an immunity booster, but a Coronavirus cure. He argued,''When he (Ramdev) said this in June 2020, the government said you cannot do that. Thereafter, he applied for the approval of Coronil as a medicine, which was rejected. Government finally agreed to keep it as an 'immuno-booster'. This is all commercial. As per law, commercial speech is subject to the condition that it must be absolutely truthful. This is somebody marketing a commercial drug in a manner where you are telling people that allopathy is killing you and instead, I have a cure for you. For this reason you must buy my drug."To this, the Court responded"Everything is commercial. Nobody does anything for free these days. Making profit is not a wrongful act.".On the last date of hearing, the Court said that Baba Ramdev encouraged the government's COVID-19 vaccination drive and had never stopped people from going to hospitals. Justice Shankar noted that while Ramdev did advertise Coronil, he did not dissuade the COVID-19 vaccination drive. It further observed,"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.".Baba Ramdev advertised Coronil but did not prevent anyone from getting COVID vaccine: Delhi High Court