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This is an archive article published on August 28, 2024
Supreme Court stays Ministry of Ayush notification related to drugs, cosmetic rules
A bench of Justices Hima Kohli and Sandeep Mehta said the notification issued by the ministry flies in the face of its earlier order.
The bench took exception to the size of the apology advertisement published by him and gave him one week time to place their physical copies on record.
The Supreme Court Tuesday stayed the July 1, 2024 notification issued by the Ministry of Ayush, omitting Rule 170 of the Drug and Cosmetic Rules, 1945 that deals with prohibition of advertisements of Ayurvedic, Siddha and Unani drugs without licensing authority’s approval.
A bench of Justices Hima Kohli and Sandeep Mehta said the notification issued by the ministry flies in the face of its earlier order. The issue arose in the context of the hearing on a 2022 plea by the Indian Medical Association (IMA) against Patanjali Ayurved Ltd and its officials accusing them of making misleading claims and statements critical of modern medicine.
During the hearing, it came to fore that the Ministry of Ayush by letter dated August 29, 2024, asked all Licensing Authorities and Drug Controllers of AYUSH in all states and UTs not to take action under Rule 170 as the Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB) had recommended its omission from the statute book.
“…instead of withdrawing the letter dated 29 August 2023 for reasons best known to the Ministry, a notification dated 1 July 2024 has been issued to omit Rule 170 from the Drugs Rules which runs contrary to the very directions issued by this court. Till further orders, the effect of the notification dated 1 July 2024 omitting Rule 170 shall stand stayed. In other words, till further orders are passed, Rule 170 shall remain in the statute book’, the bench ordered.
‘Excerpt of apology filed illegible’
In a related development, the SC bench also expressed its displeasure about the apology published by IMA president R V Asokan over his remarks allegedly critical of some comments by the court against IMA members in an interview to PTI.
The bench took exception to the size of the apology advertisement published by him and gave him one week time to place their physical copies on record.
“Senior Advocate P S Patwalia (appearing for Asokan) states that an unconditional apology has been published in the print version of The Hindu newspaper in 20 editions on 23.08.2024. The excerpt of the newspaper filed on behalf of Dr Asokan is illegible, inasmuch as the font is miniscule. Learned counsel for Dr Asokan is directed to file a copy of the relevant page of each of the 20 news editions of The Hindu newspaper in which the apology has been published for perusal of the court. Needful shall be done within one week,” the court said.
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