The bench of Justices Hima Kohli and Ahsanuddin Amanullah questioned them about the press conferences and advertisements published after the undertaking. Notably, when Baba Ramdev apologised, the Bench clarified that the Court had not accepted the apology yet. It also stressed that the previous history cannot be unseen. I hope you are clear, Justice Kohli firmly said.

“Hum iske bare mein sochengey. Humne yeh nahi kaha ki hum aapko mafi dengey. Ye hum abhi bhi clear kar rahe hain. Hum iske barey mein sochengey, Kyuki apki jo previous history hai unko hum undekha nahi kar saktein hai. (Translation: We will think about it (the apology). We are making it clear. We will think about it because we cannot unsee your previous history.) ”

In the affidavit submitted by Patanjali’s MD, it was stated that the impugned advertisements were meant to contain only general statements but inadvertently included offending sentences. It was outlined that the advertisements were bona-fide and that Patanjali’s media personnel was not “cognizant” of the November order (where undertaking was given before the top Court).

On that, Justice Kohli unambiguously said that this innocence of the Court’s order could not be pleaded, especially when the Company is worth crores, and there is a legal department established within it. She also pointed out that now since both the parties are personally present before the Court and they are aware about the Court’s proceedings, the same plea cannot be taken in future.

Justice Kohli tod Ramdev :

“Aap k vakeel sahab ne jo kaha aapne suna. Aap Court mein they…apko pata ho ki Court mein kya proceedings ho rahi hai. Kal ko aap ye na keh paye ki aapke vakeelo ne kuch kaha jiska aapko gyat nai tha. Jo plea aapne li humare samne ki haan Court ne order toh diya November mein, humare vakeel ne undertaking toh di but hume toh gyat hi nai hai. Toh itni innocence Court mein chalti nai. Khas kar mein jab Company itni crore ki ho or legal department hai but hume pata hi nai ki…aap publicity department ko bata detein ki ye advertisement nai nikltein. (Translation: You heard whatever your advocate said. You were in the Court…You must be aware of the Court’s proceedings. Tomorrow, you cannot say that your lawyers said something that you were unaware of. The plea that you took before us that you were not aware of the undertaking given by your lawyers before the Court, in November, this much innocence cannot be pleaded before the Court…You could have informed the publicity department so they would not have published the advertisements.”

During the interaction, the Court also rebuked the duo for insulting allopathy. The Court asked them to do their work without pointing fingers at others. 

Last week, on April 10, the Court declined to accept the apology affidavit submitted by Baba Ramdev, the co-founder of Patanjali, as well as the one filed by Patanjali Ayurved and its Managing Director, Acharya Balkrishna, for the second instance before the Court.

At today’s hearing, Senior Advocate Mukul Rohatgi, who appeared for Patanjali, told the Court that both the parties are “ready to give a public apology to show contrition.” After hearing him, the Bench asked the counsel to bring Baba Ramdev and Acharya Balakrishna forward before the Court.

Interaction Between Proposed Contemnors And The Court

At the commencement of the interaction, Justice Kohli said this to Baba Ramdev: Hum samahjna chatein hai Baba Ramdev and Acharya Balakrishna, aap dono yaha hai. Apki bahut garima hai. Aap uss padh pe hai jaha pe log aapko dekhtein hai, aapke kaam ki bahut tareef kartein hai. Apne yoga ke liye bahut kuch kiya hai. Iske alawa aapne ye business bhi chalu kiya hai, ye karubar hai. Vo aap bhi jaantein hai , hum bhi jaantein hai. (Translation: We want to understand, Baba Ramdev and Acharya Balakrishna, both of you are present. You have a lot of dignity. Given the position you are in, people look upto you. People appreciate your work. You have done a lot for yoga. Apart from this, you have started a business. This you also know and we also know)

Adding to this, she posed: Humne dekha hai aap ne yoga ki liye kya kiya hai. But kya vo sufficient hai jo aapne kiya hai, Court k adesh k bawajood? Uske liye hum mafi de? (Translation: We have seen what you have done for Yoga. But is it sufficient for what you have done despite the Court’s orders? Should we accept your apology?)

In response to this, Baba Ramdev pleaded: Mai itna kahna chaunga ki jo bhi hum se bhul hui, uske liye humne unconditional and unqualified apology bhi humne accept kiya hai. ( Translation: I want to say that for the mistake that we committed, we have submitted an unconditional and unqualified apology.)

However, Justice Kohli interrupted, saying: Vo toh aapke vakeel sahab ne kar diya hai. Hum toh bas ye jana chatein hai ki agley din hi aapne kya socha ki aap ek press conference hold krengey. Uske baad advertisements bhi dengey akhbar mein…(Translation: This(apology) has been done by your lawyer. We just want to know that what did you think before holding the press conference right after this Court passed the order. After that you also published advertisements in the newspaper.)

Justice Kohli: Humare culture mein aisi kayi paditiya hai…Ayurveda, Unani, Yogya. Humare desh mein humari public un sabka prayog karti hai….iska matlab ye hai ki aapki apni paditi jo hai, uske liye dusre ko kehengey ki vo up to the mark nai hai? Itni khrab hai ki unko bilkul radh kr diya jai? (Translation: In our culture, there are several practices… Ayurveda, Unani, Yogya. In our Country, our public apply all these practices. Does that mean that for your practice, you will say that the other practices are not up to the mark.? They are so bad that they should be cancelled.?)

After this, Baba Ramdev reiterated his apology and said he did not want to disrespect the Top Court.

“Mai dubara se kehta hu ki kisi bhi prakar se manya Adalat ka anadar karna humara mansha na thi, nah hai, nah kabhi ho skti hai.” (Translation: I  say it again that, in any manner, we did not and will never want to disrespect the Top Court.)

When Ramdev started sharing the progress made by Patanjali in the field of Ayurveda, Justice Kohli made it clear that the Court was asking about his attitude towards the Court. She also added that Ramdev could have approached the Inter-Disciplinary Medical Committee established by the Union Of India.

Justice Kohli also highlighted that he had no right to promote Ayurveda by shooting down other medicines and the treatments provided by them. She said that this was done after an undertaking was given by his lawyer, stating that the same would not be done.

“ Ye tab jab aapke vakil ne humari court mein ye kaha ki aap aisa nahi krengey….aap aisa nai krengey ki apne ayurveda ko badhane k liye dusri medicines and dusre treatmnets ko shoot down kengey. Apko ye haq kisi ne nai diya.” (Translation: This was after your lawyer stated before the Court that you would not do this…you would not, to promote Ayurveda, shoot down other medicines and their treatments. No one gave you this right.)

It must also be noted that Justice Kohli, during this exchange, also pointed out that the publicity for the medicines of non-curable diseases is not permitted as per the Drugs and Magic Remedies (Objectionable Advertisements) Act. Even in allopathy, advertisements for such diseases are unheard of. Justice Amanullah also echoed this sentiment by saying that until the law exists, it is equal for everyone. (Jab tak Kanoon hai, Kanoon sab k lia barabar hai)

To quote Justice Kohli:

“Aapko pata hona chaiye ki lailaj bimariyo k liye jo dawaiya banti hai, inki publicity permitted nai hai. Na Indian Medical Association or unke member kar sketin hai na koi pharmaceutical company kar skti hai. Ye treatment bahut dhyan see kiya jata hai kyuki ye lai laj bimariyo ka hai jiska aap advertisemnt kar rhe hai.  Aaj tak is wali bimari ko, allopathy mein kisi ne advertisement sunni? kisi ne kari? ” (Translation:  You should know that even though medicines are made for non-curable diseases, their publicity is not permitted. The same cannot be done by the Indian Medical Association or by any pharmaceutical company. The treatment in such cases is done very carefully because this is non-curable disease that you are advertising about. Has anyone in allopathy publicized (for the cure) for these diseases?) 

She also went on to say that this was very irresponsible given that so many people, not only in this country but also across the world, have expectations from him.

“Bilkul gairya jimedarana harkat. Or khas tor pe use jisse appse apeksha hai. Is desh k nagriko or duniye mein, jha pe aap jaatien hai and aapne hi popularise kiya hai yoga or ayurveda ko..” (Translation: Completely irresponsible act., Especially when there are expectations from you. The people of this Country and wherever you go, you have only popularised yoga or Ayurveda.)

Pursuant to this, Ramdev acceded and said that the Court is right to say that crores of people are attached with him and he will be vigilant.

Moving forward, the Court turned to Acharya Balakrishna. At the outset, he said that he agreed with everything Ramdev said. He also added that he would be careful in the future and apologised before the Court. Following this, Justice Amanullah said that you cannot degrade others and point at others while doing your own work. 

“Aap allopathy ko degrade nahi kar saktein hai. Aap apna kam kriye, but accha kr the hai, dusro k upar ungli mat uthaiye. Unko apna kam karne dijiye….Yeh bohot galat hai ki aapne aalopathy ke upar kataksh kiya hai.” (Translation: You can’t degrade allopathy. You do your work, and you are doing it well. Do not point fingers at others. Let them do their work. This is very wrong that you have insulted Allopathy.)

When Baba Ramdev again apologised, the Court clarified that it would think about it and clarified that the Court had not accepted the apology yet. The Court also stressed that the previous history cannot be unseen. I hope you are clear, Justice Kohli firmly said.

During his interaction with the Court, when Balakrishna tried justifying, Justice Amanullah categorically told him, “ Aap fir merit pe jaa rhe hai. Agar aap defend kariyega toh yhi sab dikhta hai ki aapka hriday Parivartan nai hua hai. (Translation: You are again going on merit. If you are trying to defend, it shows that there is no change of heart).

He went on to say: “Ye bar bar ghum kr ke aap apne aap ko justify kr rhe hai, ye…nai hai. Mai clear cut bol raha hu aap ko. Aapko…man abhi tak nahi man raha hai ki ye kyu hum aap ko bol rhe hai” (Translation: You are justifying yourself again and again. I am telling you clear cut. You are still not understanding why we are telling you this.“

After this, Balakrishna swiftly said: “Mai apne aapko ko doshi man rha hu” (Translation: I know I am guilty)

Justice Amanullah, in response, said: “Har samay aap usko justify krna cha rhe hi” (Translation: Every time you are trying to justify)

Justice Kohli added to this: “Apke acharan ka sudhar aapke rawaiye se hona chaiye. Apke khne se nai.” (Translation: the improvement in your behavior should be from your attitude and not by saying it.)

Justice Amanullah promptly said: “Man partivartan nai hai. Man see nai lag rha hai. Man mein khot hai” (Translation: There is no change of mind. There is something wrong in mind.)

Ultimately, Baba Ramdev beseeched before the Court, saying: “Manye judge Sahiba maine khud aapse kaha hai…hum justify nai krna chatein. Jo humse bhul hui hai hum uske liye puri tareeke see apology manna chatein hai.”  (Translation: Your ladyship, I myself have told you…we do not want to justify. We completely want to apologise for our mistake.)

Thereafter, the Court asked both the parties to take their seats and went on to dictate the order. The Court, in its order, recorded the initial submission made by Rohatgi that the mentioned parties will take steps to redeem themselves and posted the matter to April 23rd for further hearing.

“Mr Rohatgi, senior advocate appearing for the proposed contemnors submits that to redeem themselves and demonstrate…they want to take some steps unilaterally. In request of one week’s time to revert on the aforesaid aspect, this Court has interacted with the the proposed contemnors as well and heard their submissions.

At the request of the respondents 5-7, list on April 23rd.” the Court recorded in its order. 

(Please note that this interaction was mostly done in Hindi, and in the above exchange, the author has tried to loosely translate the same to English)

Also read from today’s hearing: Baba Ramdev & Acharya Balkrishna Personally Apologise To Supreme Court, Patanjali Ltd Agrees To Publish Public Apology

Counsel for petitioner: Senior Advocate PS Patwalia

Counsels for respondents: Senior Advocates Mukul Rohatgi, Balbir Singh, Vipin Sanghi and Dhruv Mehta; Solicitor General Tushar Mehta; ASG KM Nataraj, AoR Vanshaja Shukla

Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022