Patanjali ads case: 'We will rip you apart' - SC slams State Licensing Authority over inaction
New Delhi (PTI): "We will rip you apart", the Supreme Court warned the Uttarakhand State Licensing Authority on Wednesday slamming it for inaction over misleading advertisements issued by Patanjali Ayurved.
The apex court said the Authority remained in "deep slumber" and there was a clear attempt by it to "pass the buck" and somehow delay the matter despite it being informed about the misleading advertisements.
"Why should we not think that you were in cahoots with the contemnor respondents and you were keeping your eyes shut deliberately?" a bench of justices Hima Kohli and Ahsanuddin Amanullah told the counsel appearing for the Authority.
Coming down heavily on the state licensing body, the bench said it was "appalled to note that except for pushing the files", the Authority has done nothing.
"In all these four-five years, the State Licensing Authority has remained in deep slumber," the bench said.
The bench asked why the officer of the licensing authority and district Ayurvedic and Unani officers should not be suspended for their inaction.
When the Authority's counsel referred to the bona fides of its officers, an anguished bench said, "Bona fide you say? We will rip you apart on bona fide. We will rip you apart".
The counsel appearing for the Authority told the court that its incumbent joint director had taken over the post in June last year.
The top court said that in its opinion nine months is enough time for the officer to have acted in accordance with law.
The bench said it appeared that his predecessor was "equally complicit" in light of the same inaction during his tenure.
It said the Authority has filed a detailed affidavit before the court trying to explain the action taken by it on the central government corresponding with the Authority regarding objectionable advertisements of AYUSH products manufactured by Divya Pharmacy.
"The disdain shown by Divya Pharmacy to the repeated notices of show cause issued by the State Licensing Authority is apparent from the tone and tenor of their reply…," it observed.
The bench said it appeared that if the court would not step in, the Authority would abdicate its duties under the statute and await an order from the apex court for implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
"Besides the proposed contemnors, we are inclined to issue notices of contempt to the deponent of the affidavit (filed by the Authority) as also his predecessor. However, we are refraining from doing so in the present…," it said.
It said the Centre had clearly told the state Authority in 2020 to stop the objectionable advertisements.
It said the predecessor of the incumbent joint director of the authority shall file an affidavit explaining the inaction on his part during his tenure.
The bench also directed that the district Ayurvedic and Unani officers, Haridwar, who were posted from 2018 till date shall also file affidavits explaining the inaction on their part.
It observed that the officer concerned with the Authority "remained quiet" and only forwarded the files.
"He is a post office. The person appointed subsequently also does the same," it said, adding, "If this is not dereliction of duty then what is".
"Take it seriously. The matter is serious," the bench said.
It also refused to accept the affidavits of yoga guru Ramdev and Patanjali Ayurved managing director Balkrishna tendering unconditional apologies over publishing misleading advertisements, asserting the apologies were "on paper" and the court doesn't want to be "so generous".
The apex court is hearing a plea filed by the Indian Medical Association (IMA) alleging a smear campaign against the Covid vaccination drive and modern systems of medicine.
On March 19, the court had directed Ramdev and Balkrishna to appear before it after taking exception to the company's failure to respond to the notice issued in the case relating to advertisements of the firm's products and their medicinal efficacy.
The top court had said it deemed it appropriate to issue Ramdev a show cause notice as advertisements issued by Patanjali, which were in the teeth of the undertaking given to the court on November 21, 2023, reflect an endorsement by him.
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Controversy surrounding book on Shivaji Maharaj 'unwarranted', says Fadnavis
Solapur (PTI): Maharashtra Chief Minister Devendra Fadnavis on Tuesday termed as "unwarranted" the controversy over a book on Chhatrapati Shivaji Maharaj, in which Shiv Sena MLA Sanjay Gaikwad allegedly made objectionable remarks against its publisher.
An audio clip surfaced last week on social media, in which Gaikwad was heard using offensive language and threatening Kolhapur-based publisher Prashant Ambi. The MLA referred to the book titled 'Shivaji Kon Hota' (Who was Shivaji), written by CPI leader Govind Pansare and originally published in 1988.
Talking to reporters here, CM Fadnavis, "The book was published in the 1980s. Have those who have raked up a controversy read the book? The stature of the warrior king is so big that no one can insult him. Whatever is happening is anti-social and insensitive."
The controversy over the book is unwarranted, he said, and cautioned against attempts to sensationalise issues merely to remain in the news.
When asked about the BJP's candidates for the upcoming legislative council polls, Fadnavis said appointments and candidate selections are decided by the party's parliamentary board, and not by him individually.
"All decisions will be taken as per the party process," he said, adding that discussions are ongoing and outcomes will be known after due deliberations.
Nine council members, including former chief minister Uddhav Thackeray, are retiring on May 13. As per the schedule announced by the Election Commission of India, polling will be held on May 12. The counting of votes will take place on the same day at 5 pm, and the entire process is expected to be completed by May 13.
The BJP has decided to contest four of the nine seats in the biennial elections.
On the sugar sector, he said the state has consistently achieved over 99 per cent of the Fair and Remunerative Price (FRP) payments to farmers, though there may be minor fluctuations due to market conditions affecting sugar mills.
He added that the government has extended support to the sector and held meetings to address issues faced by factories. A committee has been formed to review post-season challenges and suggest policy measures, including possible assistance from the Centre.
