Patanjali Ayurved’s promoters, Baba Ramdev and Acharya Balkrishna, have moved a Kerala trial court seeking to recall a non-bailable arrest warrant issued against them in a case concerning misleading advertisements by Divya Pharmacy, an affiliate of Patanjali.
The duo filed an application under Section 205 of the Code of Criminal Procedure (CrPC), requesting exemption from personal court appearances and allowing their legal representatives to appear on their behalf.
Court Crackdown on Absenteeism
The Judicial First-Class Magistrate-II, Palakkad, initially issued a bailable warrant after Ramdev and Balkrishna failed to attend a hearing on January 16. Despite the court’s directive, they again failed to appear on February 1, prompting the issuance of a non-bailable warrant. The matter was subsequently adjourned to February 6, when the recall application is set to be heard.
The case stems from a complaint filed by the Drugs Inspector, Palakkad, alleging that advertisements by Divya Pharmacy violated the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The prosecution claims these ads disparaged modern medicine, including allopathy, and made unverified claims of curing diseases.
Supreme Court’s Rebuke
Patanjali’s advertising practices have previously drawn criticism from the Supreme Court of India. In a case initiated by the Indian Medical Association (IMA), the apex court imposed a temporary ban on Patanjali’s medicine advertisements, citing false claims of curing diseases without scientific backing.
In a scathing remark, the Supreme Court had stated:
“Patanjali has been taking the country for a ride by falsely claiming that its medicines cure certain diseases despite there being no empirical evidence for the same.”
The court also directed Ramdev and Balkrishna to publish public apologies and questioned the Central government’s inaction, asking why the Drugs and Cosmetics Rules, 1945, were not invoked against them.
Multiple Cases Across Kerala
Divya Pharmacy faces several criminal cases across Kerala, including one before the Judicial First-Class Magistrate, Kozhikode, on similar allegations. With growing legal scrutiny, today’s hearing in the Palakkad court will be crucial in determining whether the arrest warrants against Patanjali’s founders will be recalled.
Case: Drug Inspector, Palakkad vs M/s Divya Pharmacy – Available on LAWFYI.IO
