Introduction:

In a recent legal development, the Delhi High Court addressed a controversy involving Yoga guru Baba Ramdev and Patanjali Foods Limited concerning remarks made about Hamdard National Foundation India’s Rooh Afza product. The court was hearing a suit filed by Hamdard against Patanjali and Ramdev over the “Sharbat Jihad” comment, which allegedly linked the consumption of Rooh Afza to funding madrasas and mosques. Senior Advocate Rajiv Nayar, representing Ramdev and Patanjali, informed Justice Amit Bansal that all advertisements, both print and video, containing the contentious remarks would be taken down. The court, emphasizing the gravity of the situation, remarked that Ramdev’s statement shocked its conscience and was indefensible. Justice Bansal granted Ramdev five days to file an affidavit undertaking not to issue any future statements or advertisements that could aggrieve Hamdard. The matter is scheduled for the next hearing on May 1.

Arguments:

Plaintiff’s Arguments:

Senior Advocate Mukul Rohatgi, representing Hamdard, argued that Ramdev’s remarks went beyond mere product disparagement and amounted to hate speech. He contended that the “Sharbat Jihad” comment was a deliberate attempt to create communal discord by associating Rooh Afza with religious institutions. Rohatgi emphasized that Ramdev, given his prominence, could promote Patanjali’s products without resorting to derogatory statements about competitors. He also referenced previous instances where Ramdev faced legal challenges for making misleading claims, including contempt proceedings initiated by the Supreme Court over comments against allopathic medicine.

Defendant’s Arguments:

Senior Advocate Rajiv Nayar, representing Ramdev and Patanjali, submitted that his clients were not against any religion and that the contentious advertisements would be withdrawn. He assured the court that all impugned advertisements, whether print or video, would be taken down. Nayar also indicated that an affidavit would be filed, undertaking not to issue any future statements or advertisements that could aggrieve Hamdard.

Court’s Judgment:

Justice Amit Bansal of the Delhi High Court expressed strong disapproval of Ramdev’s “Sharbat Jihad” remark, stating that it shocked the court’s conscience and was indefensible. The court directed Ramdev to file an affidavit within five days, undertaking not to make any future statements or advertisements that could aggrieve Hamdard. The matter is scheduled for the next hearing on May 1. The court’s observations underscore the judiciary’s stance against statements that could incite communal discord and the importance of maintaining ethical standards in advertising.