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In Re : Patanjali Ayurved Limited Through Its Managing Director, Acharya Balkrishna and Baba Ramdev In The Matter Of: Indian Medical Association and Another vs Union of India and Others

Supreme Court13 August 2024

Ratio decidendi

The rule this decision rests on

Where a person cited for contempt of court tenders an unqualified apology after initially offering a qualified apology that was rejected, expresses regret both by affidavit and in person, and takes steps to publicize the apology through prominent advertisements in national and regional newspapers, demonstrating sincere efforts to purge the contempt, the court may accept the apology and close contempt proceedings, provided the contemnor is cautioned that any future violation of the court's orders or breach of undertakings will be treated with severity.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

SUO MOTU CONTEMPT PETITION (CIVIL) NO. 4 OF 2024

ITEM NO.1501 COURT NO.9 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SUO MOTU CONTEMPT PETITION (CIVIL) NO. 4 OF 2024 IN WRIT PETITION (CIVIL) No. 645 OF 2022

IN RE : PATANJALI AYURVED LIMITED THROUGH ITS MANAGING DIRECTOR, ACHARYA BALKRISHNA AND BABA RAMDEV

IN THE MATTER OF :

INDIAN MEDICAL ASSOCIATION AND ANOTHER PETITIONERS

Versus

UNION OF INDIA AND OTHERS RESPONDENTS

([HEARD BY : HON. HIMA KOHLI AND HON. AHSANUDDIN AMANULLAH, JJ] )

Date : 13-08-2024 This petition was called on for pronouncement of judgment today.

For Petitioner(s) By Courts Motion, AOR

For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv.

Mr. Vipin Sanghi, Sr. Adv.

Mr. Balbir Singh, Sr. Adv.

Mr. Simranjeet Singh, Adv.

Mr. Gautam Talukdar, AOR Mr. Raushal Kumar, Adv.

Ms. Apurbaa Dutta, Adv.

Ms. Neha Gupta, Adv.

Ms. Smita Jain, Adv.

Mr. Rishabh Pant, Adv.

Mr. Rohit Gandhi, Adv.

Mr. Naman Tandon, Adv.

Mr. Yajat Gulia, Adv.

Signature Not Verified Digitally signed by KAVITA PAHUJA Date: 2024.08.13 16:41:23 IST Reason: 1 SUO MOTU CONTEMPT PETITION (CIVIL) NO. 4 OF 2024

1. Hon’ble Ms. Justice Hima Kohli pronounced the judgment of the Bench comprising Her Ladyship and Hon’ble Mr. Justice Ahsanuddin Amanullah.

2. The Contempt proceedings are closed in terms of the signed reportable judgment. The operative portion of the judgment is extracted hereinbelow:

“R. CONCLUSION

60. On an overall conspectus of the facts of the present case and the sequence of events that have transpired from November, 2023 till May, 2024, we are of the opinion that though the initial conduct of the proposed contemnors prior to their tendering an apology to the Court showed that the same was in violation of the undertakings given to this Court, subsequent thereto, after they tendered an unqualified apology to this Court, efforts have been made by them to take steps to make amends. This was not only by expressing regret for their conduct on affidavit and in person, but also by taking steps to publicize the apology tendered by them through advertisements published prominently in the National and Regional newspapers. No doubt the wisdom of tendering an unconditional apology dawned belatedly on the proposed contemnors, after this Court rejected the first attempt made by them to offer a qualified apology, but their subsequent conduct demonstrates that they have made sincere efforts to purge themselves.

61. Given the attendant facts and circumstances of the case and the effort made by the proposed contemnors to absolve themselves of acts that amounted to breach of undertakings given to this Court, we are inclined to accept the apology tendered by them and close the matter. At the same time, they are cautioned to strictly abide by the terms of their undertakings. Any future intransigence on their part, whether by act, deed or speech that could tantamount to violating the orders of the Court or dishonouring the terms of the undertakings, shall be viewed strictly and the ensuing consequences could indeed be grave. In

2 SUO MOTU CONTEMPT PETITION (CIVIL) NO. 4 OF 2024

that eventuality, the sword of contempt that has now been returned to rest in its sheath, shall be flourished as swiftly as these proceedings were originally initiated.

62. With the aforesaid orders, the present proceedings are closed and the notice to show cause issued to the proposed contemnors is discharged.

(POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)

(Signed reportable judgment is placed on the file.)

3

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