Following that, the Supreme Court stated that Ramdev and Balkrishna attempted to avoid making the trip to court by claiming to be traveling overseas.
Delhi New: The Supreme Court declared today that “we are not blind” and that “it does not want to be generous” in this case, rejecting yet another round of apologies from Patanjali founders Ramdev and Balkrishna for the company’s deceptive advertisements. The court chastised the Uttarakhand licensing authorities for their prolonged inaction against Patanjali and expressed dissatisfaction with the Centre’s response.
“There’s a written apology. They have a wall to their back. Judges Hima Kohli and Amanullah stated, “We decline to accept this, we consider it a deliberate violation of undertaking.”
The bench observed that Ramdev and Balkrishna had communicated their apologies to the media before the commencement of the proceedings. The contemnors did not think it appropriate to submit the affidavits until the case was before the court. They sent it to the media first, and it wasn’t uploaded for us until 7:30 p.m. yesterday. It is evident that they value notoriety,” Judge Kohli remarked.
Speaking on behalf of the Patanjali founders, Senior Advocate Mukul Rohatgi stated that the apology had been fulfilled and that he was unable to speak for the registry.
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Judge Amanullah stated, “You are defrauding the affidavit,” as he read aloud the affidavits. I’m shocked at who wrote it.” When Mr. Rohatgi claimed that there had been a “lapse,” the court said, “very small word.”
How “even heartfelt” is the apology, Justice Amanullah questioned. “We shall say what further has to be said, my lords. He does not practice law as a career. In life, people make mistakes,” Mr. Rohatgi retorted. Even after what we told you? Expressing regret is insufficient. You ought to pay the price for disobeying the court’s ruling. In this instance, we don’t want to be giving,” he remarked.
The court ruled that the general public needs to be made aware of this. “This involves breaking the law as well as one FMCG. When state authorities requested you to leave, you responded by saying that HC had not taken any coercive action against us. We are incorporating it into your behavior; the bigger picture is how you interact with the public, even when you claim to be acting in good faith.”
In the meantime, the court addressed the Uttarakhand government, questioning why the license inspectors had not taken action and why three officers needed to be suspended simultaneously. The state’s officers had done nothing, according to the court. “We strongly oppose to the term ‘bonafide’ being applied to officials. We will not treat (it) casually. It threatened to “rip you apart” and said that the cops were merely “pushing files.”
“The government complained about a false advertisement in a letter to the Uttarakhand licensing authority in 2021. The licensing authority received a response from the company. But the authorities only issued a warning, letting the corporation go. The court stated that the 1954 Act does not include provisions for warning or compounding the offense.
Six times this has happened, back and forth, and each time the licensing inspector has said nothing. The officer has not submitted a report. The subsequent appointee behaved in the same manner. It said, “All three of those policemen ought to be suspended immediately, and the licensing body was “in collaboration with the contemnors.”
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The bench said that the Supreme Court is being mocked. “You are acting like a post office. Did you take legal advice? Shameful of you,” it told the state counsel. “Why don’t we agree that you are hand-in-glove with Patanjali,” the court asked the authority, adding, “You have been playing with people’s lives”.
When the Uttarakhand counsel told the court that they would take action, Justice Kohli remarked, “Thank God, now you have woken up at last and realize that there is a statute existing.”
“What about all the faceless people who have consumed these Patanjali medicines stated to cure diseases that cannot be cured? Can you do this to an ordinary person?” the court said. The licensing authority apologized to the court and assured that they would surely act on the matter.
The Supreme Court then said Ramdev and Balkrishna tried to wriggle out of physical appearance in court and said they were traveling abroad.
The state licensing authority, it noted, was in “deep slumber” and the “disdain” shown by Divya pharmacy to the warnings of state authority is “apparent from tone and tenor of the reply”.
The court said all who held posts as district ayurvedic and unani officers who held posts from 2018 till now shall file replies on actions taken by them against these ads. The court said it will pass orders on Ramdev and Balkrishna on April 16.
