Delhi High Court issues summons to Baba Ramdev in suit against his remarks on allopathy

The Delhi High Court on Wednesday issued summons to Baba Ramdev in a plea filed by seven doctors against the Patanjali founder for pedalling misinformation and making statements against allopathy during the promotion of 'Coronil' [Resident Doctors Association, All India Institute of Medical Sciences (AIIMS), Rishikesh and Ors v. Ram Kishan Yadav Alias Swami Ramdev and Ors].

. Justice C Hari Shankar of Delhi High Court ordered,

"The application has been argued at great length by the learned senior counsel for plaintiff. Senior Advocate Rajiv Nayar for Respondents 1 and 2 objects to the allegations made in the plain and states that the reliefs should not be granted. Permission to institute the suit is allowed. Issue summons."

The Court also issued notice and directed Senior Advocate Rajiv Nayar, who appeared on behalf of Baba Ramdev, to file a reply to the notice.

"Issue notice. Reply to be filed within 4 weeks," the Court ordered.

Thereafter, the Court directed the matter be listed before the Joint Registrar on the completion of pleadings.

. During today's hearing, Nayar submitted that there were different parts to this case - one involving a defamatory statement and one relating to vaccine hesitancy. He further stated,

"Without any prejudice to my statements, your lordship may pass this order. Further, there are some allegations in the plain which are not the subject matter of relief."

To this the Court said ,

"Ultimately this is a case for the institution of a suit. Mr. Nayar, you may file your reply. However, the plaintiff has a right. I'm not passing any injunction though."

The Court also told Nayar that the video clips placed on record by the plaintiffs were self-explanatory and indicated that Ramdev had indeed scoffed at allopathy and hospitals during the COVID-19 pandemic.

. On the last date of hearing, the Court had observed,

"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)."

Previously, Ramdev's counsel had argued that he had always encouraged the government's COVID-19 vaccination drive and had never stopped people from going to hospitals. Justice Shankar noted the submission that while Ramdev did advertise Coronil, he did not dissuade the COVID-19 vaccination drive. The Court had 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."

. The plea filed by the Resident Doctors Association, AIIMS Rishikesh, had stated that a misinformation campaign with regard to the ill-effects and lack of efficacy of allopathy was being pedalled during the pandemic to divert people from allopathic treatments.

In this regard the plea stated,

" The misinformation campaign as to the alleged ill-effects and lack of efficacy of allopathy during the ongoing pandemic have the propensity to divert people from allopathic treatments prescribed as the standard form of care even by the Government of India, and thereby directly violates the right to health of persons in India/citizens of India, which is a facet of Article 21 of the Constitution .”

.Is it not individual discretion to buy a drug? Delhi High Court seeks Baba Ramdev reply to plea against his remarks on allopathy, COVID-19 cure

Delhi High Court issues summons to Baba Ramdev in suit against his remarks on allopathy

Khadija Khan

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