The Kerala High Court on Thursday issued an interim stay on the criminal proceedings against Divya Pharmacy, Baba Ramdev, and Acharya Balkrishna. The case was filed under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, citing alleged publication of misleading medical advertisements.
Justice VG Arun passed the interim order while hearing a petition filed by the accused to quash a criminal case currently pending before the Magistrate Court in Palakkad. The court also issued a notice regarding the petition.
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"Considering the facts and circumstances of the case, the proceedings shall remain stayed until further orders," the court stated.
Background of the Case
Divya Pharmacy, an affiliate of Patanjali Ayurved Ltd, was co-founded by Baba Ramdev and Acharya Balkrishna. The case stems from a complaint filed by the Drug Inspector, alleging violations under Section 3, 3(b), and 3(d) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
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According to the complaint, misleading advertisements regarding medical products were published, prompting legal action.
The Drug Inspector has filed two additional complaints in the Palakkad Court and another in Kozhikode. The petition before the Kerala High Court seeks to quash one of these complaints, registered as ST 1547/2024 in Palakkad.
Earlier, the Palakkad Court had issued non-bailable arrest warrants against Baba Ramdev and Acharya Balkrishna after they failed to appear in court. However, these warrants were later recalled.
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"Since the accused failed to appear despite multiple notices, non-bailable warrants were issued. However, upon their request, the court recalled them," stated a legal source.
In a related development last year, the Supreme Court had initiated contempt proceedings against Patanjali Ltd, Baba Ramdev, and Acharya Balkrishna for publishing misleading advertisements. However, these proceedings were closed after they submitted an unconditional apology to the Supreme Court.
The petitioners were represented by a legal team led by Senior Advocate Ajith Kumar (Sasthamangalam), assisted by Advocates Cyriac Tom, Shiv Shankar, Ananthu Bahuleyan, Yagyawalkya Singh, and Sanjay Singh.
The Kerala High Court is expected to take up the matter for further hearing soon.
"The case is still under judicial review, and further proceedings will depend on the court's decision," a legal expert commented.
