| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Qualified apology Misleading advertisements by Patanjali Wilful disobedience Contempt of Court Breach of an undertaking Contumacious conduct/acts Disobedience of judgement/decree direction/order/writ/other process of a Court Conditional apology Misleading advertisements Unconditional apology Civil contempt Undertaking given by Advocate on behalf of a client Contempt Wilful breach of an undertaking given to the Court Undertaking Proposed contemnors Violation of an undertaking given to the Court Apology Unqualified apology. |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Constitution of India, Drugs and Magic Remedies (objectionable Advertisements) Act, 1954 (21 of 1954) Contempt of Courts Act, 1971 (70 of 1971) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 |
| Case Type | Writ Petition |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Contempt of Courts Act, 1971 – In the writ petition filed by Indian Medical Association, the proposed contemnors gave an undertaking dtd. 21.11.2023 to this Court that Patanjali shall not violate any laws relating to advertising or branding of products manufactured and marketed by it and that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media – However, in violation thereof they held a press conference on 22.11.2023 and further continued issuing misleading advertisements and make incorrect assertions and misrepresentations describing their various products as a permanent solution to particular ailments specifically listed in the Schedules appended to the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 and the Drugs and Magic Remedies (Objectionable Advertisement) Rules, 1955 – Suo motu contempt proceedings initiated – If the proposed contemnors committed wilful breach of the undertakings given to the Court:Held: Despite the clear, categorical and unambiguous assurance given by Patanjali to the Court and knowing that the said assurance was given by its counsel on instructions and further, that Patanjali was bound down to such an assurance, there was no justification for the proposed contemnors to have called for a Press Conference on the very next day, i.e., on 22.11.2023 – The proposed contemnors were aware of the undertaking given on their behalf, still a positive assertion was made by them in the Press Conference that they have medicines that could cure blood pressure, thyroid, type-I diabetes and asthma which was in violation of the provisions of the DMR Act and Rules – Describing the products manufactured by Patanjali as a “permanent solution” in respect of ailments listed in the Schedule appended to the DMR Act and Rules which prohibit advertisement of drugs for treatment of particular diseases and disorders including those that were referred to by the proposed contemnors in the Press Conference, again amounted to violating the undertaking given to the Court – Furthermore, within a week of the order passed by this Court, the proposed contemnors published advertisements in the daily newspapers on 04.12.2023, yet again claiming that theymanufactured medicines that could cure diseases like high blood pressure, sugar, asthma, thyroid, arthritis listed in the Schedules appended to the DMR Act and DMR Rules and are specifically prohibited for advertisement, so as to prevent the public from being misled – The advertisement in question was clearly a violation of the undertaking given by the proposed contemnors – On facts, though the initial conduct of the proposed contemnors prior to their tendering an apology to the Court showed that the same was in violation of the undertakings given, subsequent thereto, after they tendered an unqualified apology to this Court, efforts were made by them to take steps to make amends by expressing regret for their conduct on affidavit and in person and also by taking steps to publicize the apology tendered by them through advertisements published prominently in the National and Regional newspapers – After this Court rejected the first attempt made by them to offer a qualified apology, their subsequent conduct demonstrates that they have made sincere efforts to purge themselves – Apology tendered is accepted and the matter is closed – Proposed contemnors cautioned to strictly abide by the terms of their undertakings – Contempt notices issued to the proposed contemnors discharged, contempt proceedings closed. [Paras 52-54, 60-62]Contempt of Court – Apology – Qualified/conditional apology vis-à-vis unconditional apology:Held: Any apology tendered by a party in contempt proceedings must be unconditional and unqualified – Such an apology must also demonstrate that it has been made with a bona fide intention and not just to wriggle out of a tight situation – There cannot be a justification and an apology – The two things are incompatible and do not go hand-in-hand – In the present case, though the proposed contemnor purportedly tendered an unqualified apology on behalf of Patanjali for the breach of statement recorded in the order dated 21.11.2023, the said affidavit was rejected as the deponent had tried to justify his conduct by seeking to offer an explanation for the advertisements issued, which is impermissible – Thus, the conditional apology tendered by the proposed contemnor was rejected. [Paras 43, 55]Contempt of Courts Act, 1971 – Constitution of India – Article 129 – Power of contempt – Exercise of – Discussed.Contempt of Courts Act, 1971 – s.2(b) – Wilful disobedience – Civil contempt – When committed – Circumstances enumerated.Words and Phrases – “Undertaking” – Definition discussed – Undertaking given by an Advocate on behalf of a client:Held: If duly and properly given has the same effect as one given by the client – Whether a statement made by a party or its counsel could amount to an undertaking, would depend on the words used in the statement made and the facts and circumstances of a case – If a party or the advocate acts in such a manner so as to convey to the Court a firm conviction that an undertaking is being given regardless of the fact that the word “undertaking” has not been specifically mentioned, that party will be bound down and it will be no answer that he did not think that he was giving it or that he was misunderstood – Furthermore, an undertaking given to the Court has the same force as an order of the Court and breach thereof would amount to contempt in the same manner as a breach of an injunction. [Para 50] |
| Judge | Hon'ble Ms. Justice Hima Kohli |
| Neutral Citation | 2024 INSC 605 |
| Petitioner | In Re : Patanjali Ayurved Limited Through Its Managing Director, Acharya Balkrishna And Baba Ramdev In The Matter Of: Indian Medical Association And Another |
| Respondent | Union Of India And Others |
| SCR | [2024] 8 S.C.R. 401 |
| Judgement Date | 2024-08-13 |
| Case Number | 645 |
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