Manas Dasgupta
NEW DELHI, June 3: Hounded down by the medical fraternity for his pungent remarks against the allopathic system of medicine, Yoga guru Baba Ramdev enjoyed some relief from the judiciary with the Delhi High Court on Thursday only sending him notice but refusing to “restrain” him except only making oral request.
The notice was sent after the Delhi Medical Association (DMA) filed a lawsuit over his statements against allopathic medicines that led to a huge controversy. The court, however, rejected the request by the doctors’ body to “restrain Ramdev from directly or indirectly publishing offending material” saying the allopathic profession was not so fragile. The doctors’ body, which had sought a token damage of Re 1 over the statement and an unconditional apology, was also told by the court to file a petition instead of the lawsuit.
When the DMA sought an interim relief, the High Court said: “It can’t be done at the interim stage.” The bench said, “We will issue a notice but can’t give a restraint order. I have a doubt whether you can maintain this case.” The High Court bench further only asked Ramdev’s legal counsel, Rajiv Nayar, a senior advocate, to tell the Yoga guru not to make any provocative statement till the next date of hearing on July 13 and respond to the suit.
“Considerable time has passed since passing of allegedly injurious statements. The counsel says defendant no. 1 (Ramdev) continues to make statement. No injunctive order can be given without giving an opportunity to the plaint, especially in view of the objections,” the court observed. Besides Ramdev, the court also issued summons to social media platforms Twitter and Facebook and Astha TV channel, which are made parties to the petition.
On being asked by the court as to how did Ramdev’s statement affect the association, senior advocate Rajiv Dutta, representing DMA, said it affects because this medicine does not cure coronavirus and this was a suit for civil rights of doctors.
The court said it cannot say as to whether Coronil is a cure or not and that it was something to be decided by medical experts.
The judge said he was “least concerned” with the association’s argument that Ramdev was a powerful person having large number of followers.
“Ramdev is a person who doesn”t have faith is allopathy. He believes everything can be cured by Yoga and Ayurveda. He may be right or wrong,” the judge said. Amid a heated exchange of arguments, the court told the DMA: “You people should be spending time on finding cure for the pandemic instead of wasting (the) court’s time.”
The DMA registered strong objections against Baba Ramdev’s comments against the medical practitioners and the allopathic system of medicine. “Ramdev’s remarks are affecting members of the DMA. He is calling doctors names. He is saying this science (allopathy) is fake. Ramdev is falsely representing Coronil as a cure for Covid with zero per cent death rate. Even the government has asked him not to advertise it. In the meantime, he has sold ₹ 250 crore worth of Coronil.” Developed by Ramdev-promoted Patanjali Ayurved, Coronil claims to boost immunity.
The court, however, was not impressed. “Tomorrow, I may feel homeopathy is fake. It’s an opinion. How can a suit be filed against it? Even if we assume what he is saying is wrong or misleading, a suit under public interest can’t be filed like this. This has to be a public interest litigation (PIL),” the court said in a sharp retort.
“If Patanjali is violating (rules), it’s for the government to act. Why are you carrying the torch? This is public interest litigation, masquerading as a suit. You better file a PIL saying that he called it a cure and then changed it to immunity booster, and in the meantime, millions bought it.”
The court also questioned the DMA over not submitting the video clips of Ramdev’s speeches, and instead, relying on web links.
“Ramdev doesn’t have faith in allopathy. He believes everything can be cured by Yoga and Ayurveda. He may be right or wrong but this court can’t say Coronil is a cure or not. It has to be done by medical experts. Though his words like ‘stupid science’ may be temperate but that can’t be a cause for a suit,” the High Court underlined.
“Let’s say 10,000 people bought Coronil and 9,500 died. You go to media and say that Coronil has killed 95 per cent. In that case, Ramdev will file a suit against you? Allopathy has worked for some and not for some. It’s a view,” the court stressed.
On the point of locus of DMA to file the suit, Dutta said it was affecting the public and also the members of the association as the statements made in open affects and that Ramdev was calling this science fake.
To this, the judge said, “If I feel some science is fake. Tomorrow I will feel homeopathy is fake. Do you mean they will file a suit against me? I put in on twitter. You will say take down the Twitter account. It is a public opinion. I do not think your allopathic profession is so fragile,” and added that it has to be tested on the touchstone of free speech.
The court said someone has a view that it is because of inefficacy of allopathic medicines that so many people have died and it was of the view that it comes under Article 19(1)(a) of the Constitution.
Senior advocate Rajiv Nayar, representing Ramdev, raised preliminary objection on the maintainability of the plea and argued that prima facie the suit was not maintainable as they are asking for an injunction and raising the ground of public good.
Dutta also said that Ayush Ministry had made a statement that Coronil was not a cure for COVID-19 and could not be advertised as such and had also asked Patanjali to give details after which Ramdev had clarified that it was an immunity booster.
The court noted that Ramdev has clarified and said with this clarification the entire grievance of DMA should have gone.
“If this was mandatory on Patanjali (to give details and not to advertise) and if he acts in violation, it is for the Ayush Ministry to look into it,” the court observed. The court said, “Is he to be blamed for people buying Coronil?” and suggested the association to file a public interest litigation instead of pursuing the suit.
Last month, in a video that was widely shared on social media, Ramdev was heard saying at an event: “Lakhs of people have died because of allopathic medicines, far more than those who died because they did not get treatment or oxygen.” He also purportedly called allopathy a “stupid and bankrupt” science.
The Yoga guru had withdrawn the remarks after the union health minister Harsh Vardhan, himself a medical practitioner, wrote him a letter pointing out that the “people of the country are very hurt with your remark on allopathic medicines. I have already told about this feeling over phone. Doctors and health workers are like gods for the people of the country for whom they are fighting against the coronavirus risking their lives,” the Health Minister had written. Baba Ramdev, however, repeated his tirade against allopathy at different occasions since refusing to tender a public apology as demanded by the Indian Medical Association.
Earlier this week, doctors in several parts of the country protested against the comments.
