Today, On 15th January, The Supreme Court closed the contempt case against Dr. RV Asokan, President of the Indian Medical Association (IMA), for making contemptuous remarks about the court. These comments were made during a press interview while the IMA’s plea against Patanjali Ayurved, regarding misleading advertisements, was still pending. The court found no reason to proceed further with the case. Dr. Asokan had criticized the court’s actions in the ongoing legal matter.
New Delhi: The Supreme Court closed contempt proceedings against Dr. R.V. Asokan, President of the Indian Medical Association (IMA), following his press interview that included remarks against the Court during the ongoing IMA plea against Patanjali Ayurved regarding misleading advertisements.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan stated,
“In view of the apology tendered and the affidavit filed by the president, no further action is contemplated.”
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During the proceedings, Senior Advocate P.S. Patwalia, representing Dr. Asokan, informed the bench that the apology had been published in newspapers, on the IMA website, and in the IMA newsletter. Consequently, the Court dismissed the contempt proceedings against him.
In August 2024, Justice Hima Kohli’s bench had expressed concerns about the small font size of Dr. Asokan’s apology related to a contempt notice issued against him. This notice was connected to remarks he made in a press interview while the IMA’s case against Patanjali Ayurved was pending.
The bench also addressed issues concerning misleading health claims made by FMCG companies in their advertisements. An amicus curiae informed the Court that certain States and Union Territories had not submitted the required affidavits as per previous orders, specifically mentioning Arunachal Pradesh, Dadra and Nagar Haveli, Daman & Diu, and Sikkim.
Earlier, on August 6, the Court had deferred a decision on the contempt notice issued to Dr. Asokan.
The bench noted,
“After addressing the submission for some time, Mr. Patwalia, Senior Advocate, appearing for the proposed contemnor (Asokan), states that orders may be deferred on the contempt petition initiated against him… list on August 27.”
On August 13, the Court had also discharged contempt notices against Baba Ramdev and Patanjali Ayurved Managing Director Acharya Balakrishna in the same misleading advertisement case, accepting their unconditional apologies while warning them not to breach Court orders in the future. The Court emphasized that an undertaking made to the Court holds the same weight as a judicial order, and violating such an undertaking is tantamount to contempt.
On July 9, the Court reiterated that its earlier order requiring self-declarations from the advertising industry should not adversely affect the implementation of its directions. It appointed Advocate Shadan Farasat as amicus to compile data from states for the Court’s consideration and requested the Centre to organize a meeting with stakeholders from the Ministry of Information and Broadcasting to address challenges faced by advertisers.
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Previously, on May 14, the Court had rejected Dr. Asokan’s unconditional apology and criticized his conduct, questioning why a public apology had not been made. On May 7, the bench had issued a notice to Dr. Asokan, making him a party to the IMA’s plea against Patanjali and directing him to file an affidavit.
The Court had also admonished the IMA, saying,
“While the Petitioner is pointing fingers at Patanjali, those other four fingers are pointing at you,” referring to IMA members endorsing various medications.
In related developments, the Ministry of Information and Broadcasting announced the introduction of a new feature on the Broadcast Seva Portal for TV and Radio advertisements, as well as on the Press Council of India’s portal for print and digital advertisements, following the Supreme Court’s directive requiring all advertisers to furnish a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement.
This feature was activated on June 4, 2024.
Case Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]