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Synopsis

The Supreme Court has been asked to take judicial notice of "scandalous" and "contemptuous" statements purportedly made by Indian Medical Association President RV Asokan in media about ongoing proceedings against Yoga Guru Baba Ramdev and Patanjali's MD Acharya Balkrishna in a case of misleading advertisements.

In an application, Balkrishna sought appropriate action against the IMA chief by placing on record his statements, pursuant to the permission from the court on April 30.

In news reports, Asokan reportedly said it was "unfortunate" that the Supreme Court criticised IMA and also the practices of private doctors. The "vague and generalised statements" (by the SC) have demoralised private doctors, he had claimed.

"We sincerely believe they (SC) need to look at what was the material before them. They (SC) perhaps did not consider that this was not the issue that was before them in the court...It does not behove the Supreme Court to take a broadside against the medical profession of the country which after all sacrificed so many lives for the Covid war," he was quoted.

On April 23, hearing the case against Baba Ramdev and Balkrishna, the court had quizzed petitioner India Medical Association over "unethical activities of prescribing overpriced medicines for consideration" by their members. 'While you point a finger at Patanjali, four fingers are pointing at you', Supreme Court had told Indian Medical Association.

When Asokan's response was orally mentioned before the court on April 30, the bench had told the IMA counsel, "You have not covered yourself with glory. You will have to explain. How would you decide in what way should we be moving ahead in our proceedings."

 

Senior Advocate Mukul Rohatgi had informed the court about the interview and said, "The president of IMA gave an interview yesterday saying that why is the Supreme Court pointing fingers at us..they have said SC is making vague observations..".

To this the bench took a strong exception. "You bring it on record..we will take action..", Justice Amanullah had said.

In his application, Balkrishna has alleged, "The statements are scandalous in nature and is a clear attempt to lower dignity of this court and majesty of law in the eyes of the public. Coming from a party to the litigation, that too the President of Indian Medical Association (the petitioner in the present proceedings), it is clear that it is calculated to achieve an ulterior purpose."

By way of the present application, the applicant is placing on record the relevant publications and urges this court to take judicial notice of the same and initiate appropriate actions as per law.  The plea also alleged the members of the petitioner’s association are also guilty of several malpractices. 

Case Title: Indian Medical Association & Anr vs. Union of India & Ors