Introduction:
In the case of Hamdard National Foundation India v. Patanjali Food Limited & Anr., the Delhi High Court addressed a significant legal matter involving allegations of contempt against Baba Ramdev. The controversy arose from Ramdev’s remarks referring to Hamdard’s Rooh Afza as part of a “Sharbat Jihad,” implying that proceeds from its sales were used to fund religious institutions. This statement led Hamdard to file a suit seeking the removal of the video containing these remarks from social media platforms.
Arguments:
Plaintiff’s Arguments:
Hamdard National Foundation, represented by its legal counsel, argued that Baba Ramdev’s statements were defamatory and violated a previous court order restraining him from making such remarks. They contended that the video in question not only disparaged their product but also had communal undertones that could incite public unrest. The plaintiff emphasized the need to protect their brand’s reputation and sought immediate removal of the offending content.
Defendant’s Arguments:
On behalf of Baba Ramdev and Patanjali, Senior Advocate Rajiv Nayar appeared in court. He submitted that, upon receiving instructions, the defendants agreed to delete the objectionable portion of the video within 24 hours from all social media platforms and any other media where it had been posted. The defense maintained that there was no intention to defame or incite, and the remarks were made in the context of promoting their own product.
Court’s Judgment:
Justice Amit Bansal of the Delhi High Court expressed his displeasure over the repeated violations of the court’s previous orders by Baba Ramdev. The court noted that despite earlier restraints, Ramdev continued to make objectionable remarks against Rooh Afza. Stating that Ramdev was prima facie in contempt, the court called for his appearance. However, after the defense assured the removal of the offending content, the court directed Ramdev and Patanjali to take down the video and listed Hamdard’s application seeking an ad interim injunction for the following day.