Teesha –
The Delhi High Court on 3rd June refused to restrain Baba Ramdev from making any statements against the use of allopathic medicines and in favour of Patanjali’s Coronil as the court observed that the statements were just “opinions” which ought to be tested on the grounds of free speech.
The Single Judge Bench of Justice C Hari Shankar, while hearing the suit filed by the Delhi Medical Association remarked “It is an opinion. Any case founded on prayer for blocking statements has to be tested on anvil of art 19(1) (a) there is a right, terminology may be offensive.”
The Court further expressed that the allopathic is not that fragile, and in case a person has a view that it is inefficient then it comes within Article 19 (1) (a). Additionally, Court observed that a person may hold opinions for which a suit cannot be filed against him.
After hearing the parties, the court issued summons in the plea to inter alia restrain Baba Ramdev from disseminating false information on Patanjali’s Coronil, touted as a treatment for COVID-19.
Further, the Court stated that the averments made by Ramdev would attract section 91 (1) CPC which requires a party to seek its permission to institute a suit and hence no injunctive order could be passed without hearing Ramdev.
Appearing for Ramdev, Senior Advocate Rajiv Nayar raised the issue of maintainability of the case and affirmed that Ramdev retracted his statement on May 22.
The Court then asked Nayar to tell his client not to make any such statements and that it shall issue a notice in the matter and the suit will be listed for maintainability in three weeks’ time.
