'Be honest': Supreme Court raps Uttarakhand agency in Patanjali misleading ads case

The Supreme Court of India (Arvind Yadav/HT Photo)

The Supreme Court on Tuesday slammed the Uttarakhand State Licensing Authority (SLA) for not taking action against Patanjali Ayurved’s products over misleading advertisements for six years, saying it would have to be honest with the court it wanted “sympathy and compassion”.

Reacting to the agency’s affidavit in which it listed the actions taken against Patanjali’s products over misleading claims, the Supreme Court criticised the authority, saying why has it woken up only after its April 10 order.

After perusing the document, a bench of justices Hima Kohli and Ahsanuddin Amanullah observed that the agency could “move like lightning” if it wanted.

“Suddenly, he realises his power and responsibility,” the bench said during the hearing.

“Now you have realised there is a law. You have woken up to it. You have also realised that you have all the powers that are vested in you… which you were oblivious to till the court woke you up,” it added.

The court asked the agency’s lawyer to explain its “inaction” for six years from 2018.

Also read: Supreme Court says Baba Ramdev’s apology shows ‘marked improvement’, grants relief

“Why for six years, everything was in a limbo?” it added.

Justice Amanullah asked the agency to be honest with the court.

“And being honest means you disclose… that look here, I am too small a fry, I was under pressure. This is also honesty. If you want sympathy, let’s be honest,” he said.

The agency said it had informed Acharya Balkrishna-led Divya Pharmacy and Patanjali Ayurved Ltd on April 15 that manufacturing licences for 14 of their products stood suspended over repeated violations of the Drugs and Cosmetics Rules. It also informed the court about a complaint filed against Baba Ramdev, Archaya Balkrishna, Divya Pharmacy and Patanjali Ayurved Ltd under sections of Drugs and Magic Remedies (Objectionable Advertisements) Act.

The court observed that within three days, the agency had done what they should have done much earlier. However, it expressed dissatisfaction with the affidavit.

“Our main concern was only to ask you whether you took action in accordance with law. What emerges from all the three affidavits is, no, you did not,” Justice Kohli observed.

The court granted them 10 more days to file the document after the counsel appearing for the agency stressed that they will file a better affidavit.

Meanwhile, the bench noted that Baba Ramdev and Acharya Balkrishna, who are facing contempt proceedings, showed “marked improvement” in their public apology published in newspapers over misleading advertisements.

The Supreme Court also took strong note of the comments by Indian Medical Association (IMA) president Dr RV Asokan regarding the apex court and warned that there may be “serious consequences”.

The IMA president had called the Supreme Court’s criticism of doctors “unfortunate”.

IMA, India’s largest doctors’ association, has filed a petition with the Supreme Court that Baba Ramdev and Acharya Balkrishna’s FMCG company had been running a smear campaign against modern medicine. The plea objects to claims made by the company that its herbal products can cure diseases.

With inputs from PTI

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