The Supreme Court on Tuesday stayed a July 1 notification issued by the Ayush Ministry that had scrapped a rule prohibiting misleading advertisements of Ayurvedic, Siddha, and Unani drugs.
The apex court held that Rule 170 of Drugs and Cosmetic Rules 1945, which deals with prohibition of misleading advertisement of Ayurveda, Siddha or Unani drugs, shall remain in the statute book till further orders.
It has directed the ministry to file a response in this regard in the next date of the hearing.
The court was hearing a petition filed by India Medical Association (IMA) in 2022 accusing Patanjali and yoga guru Ramdev of conducting a smear campaign against allopathy.
During the course of hearing, the court also came down heavily on the IMA Chief RV Asokan over his publication of an apology in newspapers saying it was illegible and the font was miniscule.
“You just see the size of the publication… We have said that we can’t read it. It is less than 0.1 cm, if you have any objection then tell us. We aren’t able to read this,” Justice Kohli said.
The court then asked senior advocate PS Patwalia, appearing for the IMA Chief, whether the apology was published in other newspapers. After not getting a definitive answer Justice Kohli said, “We have asked you thrice now. Was it published anywhere else?”
“No,” Patwalia said.
He added that the IMA president was apologetic about the statement he made during the interview. The interview was “only online,” he said.
“He is not obliging anyone by tendering the apology,” the bench of justices Hima Kohli and Sandeep Mehta said.
The court has now directed Asokan to file physical copies of 20 publications of The Hindu where apology was published.
“The excerpt of the apology filed before us is illegible in as much as the font is miniscule. Counsel for IMA President is directed to file physical copies of 20 publications of The Hindu where the publication of apology has been done. It has to be done in one week,” the bench said.
After the apex court issued the direction, Patwalia requested it to pass an order that would settle the matter against the IMA President, as Justice Kohli is set to retire on September 1, 2024.
The court however said the appropriate bench will pass an order, and it is not today.
The Supreme Court had earlier told Asokan to publish an apology in all the prominent newspapers for his remarks criticising the top court.
The IMA chief, in an interview to news agency PTI, had criticised the top court for asking allopathic doctors to put their own house in order and curb unethical practices in modern medicine. Asokan had said that the remarks made by the apex court were “unfortunate” and that it had “demoralised” the doctors, a statement which didn’t go down well with the apex court. The court told Asokan to issue an apology and cover the costs himself.
It is hearing a petition filed by the IMA against Patanjali’s advertisements attacking allopathy and making claims about curing certain diseases. Patanjali, Yoga guru Ramdev and his associate Balkrishna have already issued an apology in the case and the contempt case against them has been closed.
First Published: Aug 27 2024 | 7:30 PM IST