21 March 2024 4:29 AM GMT
The Managing Director of Patanjali Ayurved Ltd, Acharya Balkrishna, has tendered an unqualified apology before the Supreme Court for publishing advertisements regarding medicinal cures in breach of an undertaking given to the Court.
This development comes two days after the Supreme Court (on March 19) ordered the personal appearance of Patanjali's Managing Director Acharya Balakrishna and Baba Ramdev (the company's Co-founder) in a contempt case over the publication of the advertisements.
It may be recalled that the Bench of Justices Hima Kohli and Ahsanuddin Amanullah had previously issued a Contempt notice to Patanjali Ayurved and its MD for continuing to publish advertisements despite the assurance given by Patanjali's counsel before the Court that it would refrain from making such acts.
Balakrishna submitted an affidavit saying that the impugned advertisement was meant to contain only general statements and inadvertently included the offending sentences.
The Managing Director has further given assurance that such advertisements will not be issued in the future. It also clarified:
“By way of clarification, not as a defense, the Deponent begs to submit that its intention is only to exhort the citizens of this country to lead a healthier life by consuming products of the Respondent No. 5 including products for lifestyle ailments through the use age old literature and materials supplementing and backed by ayurvedic research.”
Moving further, it also stated that the idea was to promote ayurvedic products, which are based on age-old literature/material backed by scientific research.
In the order passed on February 27, the Court had restrained Patanjali Ayurved from advertising or branding its products which are meant to address the diseases/disorders specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 in the meantime. It further cautioned Patanjali Ayurved from making any statement adverse to any system of medicine.
However, in the present affidavit, Balakrishna describes this Act as “in an archaic state.”
He also stated that the Drugs and Magic Remedies (Objectionable Advertisements ) Act 1955 is in an "archaic state" as it was enacted at a time when scientific evidence regarding Ayurvedic medicines was lacking. He added that the Company now possess evidence-based scientific data with clinical research conducted ni Ayurveda, which would demonstrate the advances made through scientific research in the context of diseases mentioned in the schedule of the Act.
“Respondent No. 5 Company now possess evidence-based scientific data with clinical research conducted in Ayurveda, which would demonstrate the advances made through scientific research in the context of diseases mentioned in the said schedule.,” the affidavit added.
The Court will consider the case on April 2.
Case Title: INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 - / 2022