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The Supreme Court deferred the order regarding the contempt notice issued to Dr. R. V. Asokan, President of the Indian Medical Association (IMA), for remarks made in a press interview against the Apex Court. The interview occurred while the IMA’s plea against Patanjali Ayurved concerning misleading advertisements was pending.
IMA’s Plea Against Patanjali
The IMA filed a Writ Petition under Article 32, and on February 27, 2024, the Supreme Court restrained Patanjali from advertising certain products claimed to address specific ailments, as per the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.
Court Proceedings and Statements
Justice Hima Kohli and Justice Sandeep Mehta presided over the case. Senior Advocate PS Patwalia, representing Dr. Asokan, requested a deferral to allow the President to take steps to purge himself of contempt. Patwalia highlighted that Dr. Asokan had filed an apology affidavit for his interview remarks, expressing deep regret.
Justice Kohli questioned the adequacy of the apology, emphasizing the need for a public apology in all newspapers where the interview was published. The Court suggested the apology should come from Dr. Asokan personally, not the IMA.
Steps Taken for Apology
Patwalia stated that an unconditional apology was published on the first page of the IMA newsletter. However, the Court found this insufficient and required a broader public apology.
Further Deliberations
The Court suggested recalling the order that dispensed Dr. Asokan’s personal presence. Patwalia requested two weeks to address the issue with Dr. Asokan. The Bench agreed to list the matter on August 27, 2024, without making further observations.
Context and Previous Court Actions
On July 9, 2024, the Court directed advertisers to submit self-declaration certificates before publishing advertisements. Advocate Shadan Farasat was appointed as amicus curiae to collate data from states. The Centre was asked to convene meetings with stakeholders to resolve advertising issues.
Earlier, on May 14, 2024, the Court refused to accept Dr. Asokan’s unconditional apology and emphasized the need for a public apology. Notices were also issued to Baba Ramdev and Balakrishna in the same case, advocating for comradery between Allopathy and Ayurved.
Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]