The application, filed under Section 205 of the Code of Criminal Procedure (CrPC), aims to exempt the two founders from attending court in person and instead be represented by their lawyers. Section 205 allows a trial court to exercise discretion in excusing an accused person from personal attendance in court.
Kerala: Today, 6th Feb, Baba Ramdev and Acharya Balkrishna, the promoters of Patanjali Ayurved, have filed an application in a Kerala court, requesting the recall of a non-bailable arrest warrant that was issued against them for not attending a scheduled court hearing in a case related to misleading advertisements.
The case involves allegations against Patanjali’s affiliate, Divya Pharmacy, for publishing advertisements that violated the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
The application, filed under Section 205 of the Code of Criminal Procedure (CrPC), aims to exempt the two founders from attending court in person and instead be represented by their lawyers. Section 205 allows a trial court to exercise discretion in excusing an accused person from personal attendance in court.
The Judicial First-Class Magistrate-II court in Palakkad had first issued a bailable warrant to secure the presence of Ramdev and Balkrishna after they missed a January 16 hearing.
Despite this, they failed to appear again on February 1, leading the court to issue a non-bailable arrest warrant. The case was subsequently scheduled for a hearing on February 3 and later adjourned to February 6, which is today.
Now, Baba Ramdev and Acharya Balkrishna have filed an application requesting the non-bailable warrant be recalled and that they be allowed to attend future hearings through their lawyers. This application will be heard today, February 6.
BACKGROUND
The case stems from a complaint filed by the drugs inspector in Palakkad against Divya Pharmacy. The inspector claims that the advertisements published by Divya Pharmacy made misleading and false health claims, violating provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The advertisements allegedly disparaged modern medicine, including allopathy, and claimed that Patanjali’s products could cure various diseases without providing evidence to support such claims.
Apart from the case in Palakkad, multiple criminal cases have been filed against Divya Pharmacy in Kerala for similar advertisements. One of these cases is currently pending before the Judicial First Class Magistrate Court at Kozhikode.
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Over the past few years, Patanjali Ayurved and its founders have faced criticism and legal action due to their advertising practices. The issue came under the attention of the Supreme Court when the Indian Medical Association (IMA) filed a petition against Patanjali for misleading advertisements.
The Supreme Court took strict action against Patanjali for its advertisements. The Court imposed a temporary ban on the advertisement of Patanjali’s medicines and issued a contempt of court notice to Baba Ramdev and Acharya Balkrishna for making false claims about their products.
The Court stated, “Patanjali has been taking the country for a ride by falsely claiming that its medicines cure certain diseases despite there being no empirical evidence for the same.”
In response to the Court’s directive, both Ramdev and Balkrishna appeared before the Supreme Court and apologized for their actions. The Court then ordered Patanjali to publish public apologies in newspapers.
Further, the Supreme Court also criticized the central government for not taking action under the Drugs and Cosmetics Rules of 1945 against Patanjali Ayurved for their misleading advertisements.
In August 2024, the Supreme Court decided to close the contempt of court case against Baba Ramdev and Acharya Balkrishna after they appeared before the Court and expressed regret for their actions. The closure of the contempt case brought temporary relief to Patanjali’s founders, but the case in Kerala continues, and the legal proceedings are still ongoing.
Case Title: Drug Inspector, Palakkad v. M/s Divya Pharmacy
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