Patanjali advertisements case: Supreme Court asks Baba Ramdev to appear in person

On February 27, a bench of Justices Hima Kohli and Ahsanuddin Amanullah issued notice to the company and its director Acharya Balkrishna for allegedly flouting the November 21 order for coming out subsequently with an advertisement and holding a press conference.

On Tuesday, the bench noted that no reply had been filed to the February 27 notice and also decided to issue a notice to Baba Ramdev.

The hearing witnessed a heated exchange with senior counsel Mukul Rohatgi, who appeared for the firm. He stoutly protested and wondered what had happened after the last hearing date, when the court had issued notice only to Patanjali and its managing director Acharya Balkrishna that Ramdev, too, had been brought into the picture.

“There should be some reason,” he queried.

At the February 27 hearing, though Justice Amanullah had indicated that contempt notice would be issued to both Ramdev and Balkrishna as their photos had appeared in an advertisement issued by the group on December 4, 2023, the bench ultimately issued notice only to the latter.

On Tuesday, Justice Amanullah told Rohatgi, “We have indicated in the order. Read it when it’s uploaded. We are not going to repeat it to you.”

“I have heard the order,” replied Rohatgi.

“That’s enough. You have made a request. We have heard it. No interference needed in the order dictated. That’s it,” Justice Amanullah shot back.

Rohatgi, however, persisted, “This is not fair…I am only saying there is no difference between that day and today. If you are referring to some ad…or something which appeared, please put that in the order…If the court has seen something, then the court should put it in the order so that I can tell the client, the court has seen it…”

“We have indicated…,” repeated Justice Amanullah.

Justice Kohli then intervened to cool tempers, following which Rohatgi said, “We will accept notice and appear.”

The senior counsel added, “I am only trying to say, if the court has seen something, and the court feels that there is some aggravation, then we are entitled to respond to that. I am only saying please put it in the order.”

Justice Kohli said, “What persuaded this court is, the provisions of the (Drugs and Magic Remedies) Act, they talk of any person…”

Rohatgi said that “I am aware of that” and added that “vioaltion of the law is not contempt” and that only violation of the order of the court would constitute contempt.

Justice Kohli, apparently referring to the November 21, 2023, directions, pointed out that there was indeed an order which was allegedly flouted.

Stating that he is aware of that, Rohatgi submitted, “I was only saying if the court feels there is some further aggravation, by virtue of something or the other…it should be a part of the order so that I can tell my client, this is what the court said, what do you have to say?”

Justice Amanullah said it was recorded in the order that it was for the press conference after the “last order”. “After one week of the order of the court, a press conference was held raising objections… That is what has been noted today”.

Rohatgi was quick to rebut and said, “That was months ago. Last order was February, not November.”

He asked, “Between February and today, what has happened?”

Justice Kohli said it is only a notice to show cause and added, “It is nothing personal. It has to do with an order passed by the court…We will take it on the next day and see.”