Supreme Court slams Uttarakhand government for not acting on misleading Patanjali ads

The Supreme Court on Wednesday pulled up the Uttarakhand government for being hand-in-glove with errant licensing officers while failing to take action on misleading ads published by Patanjali Ayurved [Indian Medical Association & Anr v. Union of India and Ors]..A Bench of Justices Hima Kohli and Ahsanuddin Amanullah said in its order,"We ... are appalled to note that except for pushing the files, the State Licencing Authority has done nothing of any consequence. All that the correspondence between the Union of India and the State Licencing Authority reflects is a clear attempt on the part of the State Licencing Authority to pass on the buck and somehow delay the matter, despite the fact that it was in the year 2018 that the State Licencing Authority was informed for the first time about the misleading advertisements being issued by the contemnors."On the role of the Uttarakhand Licensing Authority, the top court said,"Over all these years, the State Licencing Authority has continued to remain in deep slumber ... In our opinion, nine months ought to have been sufficient time for the Licencing Authority to have acted in accordance with law. It appears that the predecessor of the present Joint Director, State Licencing Authority is equally complicit in the light of his gross inaction during his tenure of three years on the same post ... The disdain shown by Divya Pharmacy to the repeated notices to show cause issued to it by the State Licencing Authority is apparent from the tone and tenor of their reply".The Court told Senior Advocate Dhruv Mehta, appearing for the State along with Standing Counsel Vanshaja Shukla,"Mr Dhruv Mehta.. what did the officers do apart from pushing files...strong objection to resorting to bona fide of the officers, we will not take it lightly. We will rip you apart on bona fide."On a letter cited by the State, it said,"Please read the letter which you cited. see what is written...it is said medicines are manufactured by the undersigned companies...it says ads are suggestive in nature...this is in teeth of the [Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954] Act...they waive their thumb under your nose and tell you that ad is suggestive and you accept it! They said aim is to have people connected with Ayurveda. As if they were the first ones to have Ayurveda medicines.".After the lawyers and officers admitted that mistakes were made and that corrective measures would be taken, the Court said,"What about all the faceless people who have consumed these Patanjali medicines stated to be cured diseases which cannot be cured? Can you do this to an ordinary person?".Justice Kohli pointed out during the hearing,"Till the matter hit the Court, the contemnors did not find it fit to send us the (fresh apology) affidavits. They sent it to the media first. Till 7:30 pm yesterday it was not uploaded for us. They believe in publicity clearly."Senior Advocate Mukul Rohatgi, appearing for Ramdev and Balkrishna, countered,"How can I speak for the Registry? We had served."The Court went on to state in its order,"We have expressed our reservation about accepting the apologies offered in the latest affidavits filed by them ... even after notices to show cause were issued to the respondents-proposed contemnors and they were directed to remain present before this Court, they attempted to wriggle out by moving applications seeking exemption from appearing on the pretext that they were travelling abroad ... admittedly, photocopies of the tickets were issued on a date after the affidavits were sworn and the said documents were annexed with the affidavits that were sworn on 30th March, 2024 and filed on 31st March, 2024. Fact remains that on the date when the affidavits were sworn, there were no such tickets issued. It is apparent that the respondents were trying to escape appearing personally before this Court in these proceedings, which is most unacceptable.""(Divya Pharmacy) stated that the content of the advertisements issued is “suggestive in nature and it is a choice of treatment in the management of diseases”. Further, that “the purposes of the advertisement published by the undersigned is to keep people connected with the Ayurvedic medicines which is completely in good faith”. In the teeth of the said reply, instead of taking appropriate action as contemplated under the statue, the State Licencing Authority turned a blind eye and informed the Union of India that it has issued a warning to the concerned Firm and further action against the Firm would be subject to the decision of the Hon’ble Supreme Court. This is to say that if this Court would not have stepped in, the State Licencing Authority would have continued to abdicate its duties under the statute and await orders of this Court for implementation of the Drug and Magic Remedies Act."The Court, thus, directed Dr. Girish Chandra Jangpangi, the previous Joint Director of the State Licencing Authority, Uttarakhand, to file an affidavit explaining the inaction on his part for the entire tenure of his posting.The Court ordered that all officers who held post as district Ayurvedic and Unani officers who held posts from 2018 till now shall file replies on actions taken by them.The matter will be heard next on April 16..The Court took issue with a statement made in the apology affidavit stating that Ramdev and Balkrishna wanted to appear virtually after a confusion arose, as the travel tickets were issued only a day after the intervention application for virtual appearance was filed.Justice Amanullah said,"You are defrauding the affidavit. Who drafted it? I am surprised."After Rohatgi claimed that both affidavits were identical and that the apologies were unconditional, Justice Kohli said,"They are only on paper after they were caught on wrong foot in court. We do not accept it, we decline to. We consider it a wilful, deliberate disobedience of the undertaking."Rohatgi then pleaded,"What else needs to be said my lords? We will. He is not professional litigant. People make mistakes in life!"The Bench then said,"Even after our orders? We don't want to be so generous in this case.".After Rohatgi asked that the matter be heard next week, the Court said,"Why? With all your seniority...To say it is only them it is wrong. Message has to go to society at large. Not just about one FMCG, but violation of the law. Look at your replies to State authority when they asked you to withdraw. You said High Court said no coercive steps against us. We are making it a part of your conduct, larger picture is your conduct with the public at large..."Justice Amanullah then said, "Mr Rohatgi has been brilliant, he knows when tempers are flared, ask for time.".The Bench was hearing a plea filed by the Indian Medical Association (IMA) against an alleged smear campaign carried out by Patanjali and its founders against the COVID-19 vaccination drive and modern medicine.Baba Ramdev and Acharya Balkrishna recently tendered a fresh unconditional and unqualified apology, after being rebuked over their earlier apology affidavit, which was dubbed "casual and a lip service".In November 2023, the Supreme Court had threatened to impose costs of ₹1 crore per false claim made in each advertisement for Patanjali Ayurved products that claim to cure diseases.The top court had directed Patanjali not to publish false advertisements in the future.However, since the misdemeanours persisted, the Court imposed a temporary ban on such advertisements, and issued contempt of court notices to the company and Balkrishna for making misleading claims.On March 19, the Court had directed Ramdev and Balkrishna to be personally present before it after they failed to file replies..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.