Delhi High Court dismissed IMA President's Plea against Trial Court Order asking him not to use IMA for Propagating any Religion

The Delhi High Court today dismissed the plea of the President of the Indian Medical Association (IMA), Dr J A Jayalal against the Trial court order which had asked him not to use the organisation’s platform for propagating any religion.

The order was passed by the single Judge Bench of Justice Asha Menon.

Additional Session's Judge Ajay Goel had in its order dated June 3  dismissed the plea against Jayalal for allegedly starting a defamatory campaign against Hindu religion after Jayalal assured the Court that he shall not indulge in such kind of activity.

The allegation against Jayalal was that he was misusing his position and misleading the country and people to convert Hindus to Christianity. The petitioners had sought a direction from the court to restrain Jayalal from writing, speaking in the media, or publishing any content that is defamatory to Hindu religion or Ayurveda.

The Court observed that "Secularism is fundamental aspect of our Constitution and the duty to keep aspect of secularism alive in India does not rest on any one community but is cumulative efforts of all Indians. Exclusivism or preference of one religion over others by State or public functionaries or private bodies, while discharging public functions, strikes at the very root of the fundamental values of our Constitution, namely, secularism".

The Court further observed "it becomes bounden duty of every Indian to honour the religion of each other. Nobody should overreach by allowing, by forcing, by creating such circumstances which imply forced consent or in a way attempt to lure. Saying Christianity and Allopathy are the same and is the gift by western world would be the most inaccurate assertion. Sushrata who was an Indian is considered God of Surgery and surgery is integral aspect of Allopathy.”

 

Case Title: DR.J.A.JAYALAL NATIONAL PRESIDENT INDIAN MEDICAL ASSOCIATION vs ROHIT JHA