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The Delhi High Court today issued summons to Baba Ramdev on a suit filed by Delhi Medical Association (DMA) seeking to restrain him from disseminating false information about Patanjali's Coronil kit that is a cure for COVID19.
The Single Judge Bench of Justice C Hari Shankar observed that Baba Ramdev's comments were intra vires, under article 19(1)(a) of the Constitution and said that the DMA, instead of filing a suit, should be busy finding remedies for the virus.
Following observations were made by the Bench while hearing the arguments of the petitioner:
“Bench- When I read this frankly, I felt that Court's time is affected...you guys should be interested in dealing with Pandemic rather that wasting time of court.”
“Bench - Mr Dutta this is not defamation suit...I am tentatively making this point that this is an opinion...it has to be tested under S 19(1)(a)...it is right of opinion...some people may be temperate and some...we all know this...Swami Ramdev...He does not find his faith in allopathy...according to him anything can be cured with Yoga and Ayurveda....you cannot really say that Court should entertain...I am no one to comment whether Coronil or allopathy is good...this needs expert…many people are involved...we can’t file suit that is supplementary to what Government is doing..”
“Bench- Let us says 95% people who used coronil died...and you go in media and tell that look it didn’t work...now someone is there who has the view...about inefficacy of allopathy...comes under the purview of Art 19(1A)..”
Further, defending his position, Advocate Rajiv Dutta along with Advocate Mahindro representing Delhi Medical Association, told the court that, Baba Ramdev has a vast following and that people were falling prey to the "false claims". His comments are discouraging people from getting vaccinated, hurting the lives and the inoculation drive in the process.
Senior Advocate Rajiv Nayar who represented Baba Ramdev raised the issue of maintainability of the suit.
“Adv Nayar refers to Section 91 of CPC..entire framework of the suit falls within this section...ask leave of the court.
Bench- That is what I clarified to them that if you want to come under sec 91 take leave of the Court.”
The Bench directed Adv Nayyar to make sure no provocative statement is made by Baba Ramdev till the next date of hearing on July 13th and respond to the suit.
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