‘We will rip you apart’: SC to Uttarakhand licensing authority in Patanjali case
The SC bench came down heavily on Uttarakhand state licensing authority for failing to stop Baba Ramdev's Patanjali Ayurved from publishing 'misleading ads'
The Supreme Court on Wednesday (April 10) came down very heavily on the Uttarakhand licensing authority for completely failing to take any action and being in “deep slumber” over the "misleading ads" published by Baba Ramdev’s Patanjali Ayurved.
The bench even accused the state authority of being “in cahoots” with Ramdev's Patanjali.
Using very strong language, the SC bench slammed the state government stating that it was playing with public health.
The Uttaralhand licensing authority faced the court's ire as the bench of Justice Hima Kohli and Justice A Amanullah, criticised them for doing nothing. Patanjali was just pulled up with a mere rap on the wrist "six times" about the “misleading advertisements”, the court said.
Not going to take it lightly: SC
“We are not going to take (it) lightly. We will rip you apart," said the bench of Justice Hima Kohli and Justice A Amanullah, adding that the officers were just "pushing files".
"In 2021, the ministry wrote to the Uttarakhand licensing authority against a misleading advertisement and the company responded to the licensing authority," the SC bench said.
But the authority let off the company with a warning, the court added, pointing out that the 1954 Act does not provide for warning and there is no provision for compounding the offence.
Three state officials suspended
"This has happened six times, back and forth back and forth, the licensing inspector remained quiet. There is no report by the officer. The person appointed subsequently acted the same way. All those three officers should be suspended right now," it said, adding that the licensing authority was "in cahoots with the contemnors".
At one point before the suspension order, Dr Mithilesh Kumar, the joint director of the state's Food and Drug Administration, begged the court for mercy with folded hands.
"Please spare me..." Dr Kumar said to the court, pointing out that he had joined ony in June 2023 and this had happened before his time. However, the court did not back down.
Justice Kohli asked, "Why should we? How did you have the guts to do this? What action did you take? One man seeks mercy (but) what about innocent people who took these medicines?"
Hand-in-glove with Patanjali
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 told the authority, adding, "you have being playing with people's life". After the Uttarakhand counsel told the court they will take action, Justice Kohli remarked, "Thank God, now you have woken up at last and realise that there is a statute existing."
"What about all the faceless people who have consumed these Patanjali medicines stated to cure diseases which cannot be cured. Can you do this to an ordinary person?" the court said. The licensing authority apologised to the court and assured that they will surely act in the matter.
The court turned to Dr Kumar asking him why he did not take legal advice when the health ministry sent a notice. "Did you read the law? Do you think a warning was enough? What is the provision in this law? What case did you file? What steps did you take?"
The officer said that theu will register a case. To which, the SC bench retorted that he should just sit at home for a few days. "Or you can sit in office and write letters. You are playing with the public's health!" the court noted.
Ayush ministry
Justices Kohli and Amanullah also questioned the centre's AYUSH Ministry, demanding to know why it had not acted against the company after its "shocking" ads that belittled contemporary medicine.
Earlier, it had hit out at the Centre for sitting with eyes closed.
The apex court has now said that officials who held district ayurvedic and unani posts from 2018 till now shall file replies on actions taken by them against these ads. Orders will be passed on Ramdev and Balkrishna on April 16.
The case
The SC was hearing a contempt case filed by the Indian Medical Association last year against Patanjali, for starting a smear campaign against the Covid vaccination drive and modern medicine. The case also pertained to the advertisements published by the company making false claims about its products and their medical efficacy, especially a preparation called Coronil, which was marketed as a cure for COVID.
On February 27, the court had directed Patanjali to discontinue all electronic and print ads giving misleading information, with immediate effect. But the company allegedly continued to issue the ads.
