Thread by @barandbench

Delhi High Court will today hear plea by Delhi Medical Association against Baba Ramdev.

Plea seeks to restrain Ramdev from disseminating false information on Coronil.

Hearing before Justice C Hari Shankar.

#DelhiMedicalAssociation #BabaRamdev

@PypAyurved

Bench has assembled.

#BabaRamdev

Is this a section 91 suit? You can't be canvasing anything of public interest here. You say OMG Ramdev has said something.. you people should be spending time of finding cure for the pandemic instead of wasting court time : Court

#BabaRamdev

This is a suit for civil rights of doctors: Adv Rajiv Dutta

Every suit has to be relatable to some provision in CPC. He is making statements that allopathy is useless.. your suit is thoroughly confusing.. some sense was that there were certain statements by Ramdev .. : Court

.. and those statements would be detrimental to public : Court

The institution of medical science.. : Dutta

We are in CPC not 226. You establish locus : Court

#BabaRamdev

We are leading association of doctors: Dutta

Is this not a 92 suit? : Court

It is my suit: Dutta

Let me note down..it would be pivotal. Are you espousing issue of public interest? : Court

In a way.. it affects the public : Dutta

#BabaRamdev

Are you alleging wrong down to public? : Court

Also. It is affecting the members of the plaintiff.. the statements made in open affect.. he's calling doctors names. He's saying this science is fake. In a pandemic.. : Dutta

#BabaRamdev

If I feel some science is fake.. tomorrow I feel homeopathy is fake.. do you mean they will file a suit against me? I put it on Twitter.. you'll say take down Twitter account? It is public opinion: Court

#BabaRamdev

Court asks Dutta to point of the statements.

Where is the original? Have you filed video clips? : Court

We've filed URLs: Dutta

Can you show me law that you can file URLs. These are downloadable. How do I know transcripts are right or wrong : Court

#BabaRamdev

In your transcripts you've used Idiots. Are you saying that he said idiots. Transcripts without original has no value : Court

#BabaRamdev

Dutta takes the court through the plaint.

Falsely representing Coronil as medicine, cure for COVID 19..with zero per cent death rate : Dutta reads

#BabaRamdev

Problem with URL is that it is an internet link. Tomorrow is that is taken off, the link is useless. So you can't file URLs. They are temporary. You have to file a clip : Court

We will do that. This is something of grave importance : Dutta

#BabaRamdev

I don't know that. I don't think your allopathic profession is so fragile: Court

When COVID 19 is being fought bravely by doctors.. : Dutta

Anyway you say there is false claim on Coronil: Court

#BabaRamdev

Ministry said stop advertising: Dutta

How does it affect DMA : Court

It's not a cure at all : Dutta

Let's assume what he has said is wrong, misleading, mischievous.. therefore I understand it is a statement affecting the general public. There is a provision under CPC; Court

Suit under Public interest can't be filed except under section 95 cpc : Court

But I say that. In my plea the ultimate sufferer patients. He is hitting at doctors. It is affecting health of nation: Dutta

This is not a PIL. If you want, you could have filed a PIL: Court
#Randev

Court says in a civil suit, locus has to be established.

Adv Ankur Mahindro asks court to see the object for this DMA was established.

#BabaRamdev

Do I say that you are basing your locus on this (art 3) in a civil suit: Court

Yo uphold the interest of medical association.. Plaintiff is not a trust. Rigours of 91 will not apply: Mahindro

Sorry I meant 91 not 92 : Court

#BabaRamdev

I said 92 earlier: Court

We understood as 91 only : Dutta

#BabaRamdev

I was explaining my first point. We was projecting his medicine as medicine for cure : Dutta

You said this is a wrong claim: Court

False : Dutta

Assume it is false. Since locus is derived from MOA, how making a false claim hits either of the clauses? : Court

#BabaRamdev

It is said by the Ministry. I don't say it : Dutta

Who is for Ramdev? : Court

I'm here : Senior Adv Rajiv Nayar

#BabaRamdev

Dutta shows the statement issues by Ministry of Ayush on Coronil.

This dept deals exactly with the treatment that he was speaking of : Dutta

#BabaRamdev

Issued*

So details sought from Patanjali: Court

Yes and stop publisizing the claims till issue is decided: Dutta

If this is mandatory on Patanjali.. and acts in violation. It is for the Ministry to look into. Why are you carrying the torch : Court

#BabaRamdev

You said it is hurting the cure given by other doctors: Court

There is a protocol : Dutta

#BabaRamdev

Treatment in hospitals.. ICMR has declared which medicine is to be prescribed.. it is the nodal agency of the government. I want to show futher. He says answering the Ministry.. changes his claim straight away : Dutta

#BabaRamdev
#Coronil

Patanjali says didn't claim cure for COVID. It is immunity booster : Dutta as he reads a report on ET.

#BabaRamdev

So he has clarified. He is entitled to do it. Your entire grievance is gone .. he says it is immunity booster: Court

What's his main aim? When he said it is a cure and Ministry denied it.. in between he sold 250 crore worth Coronil: Dutta

#BabaRamdev

Is he to be blamed for people buying Coronil? : Court

He has a vast following in the country : Dutta

So are holding a brief for the vast uneducated millions of the country who are in trap of D1? : Court

So what about the doctors : Dutta

Who is stopping you? : Court

He says don't take the vaccine.. it is only vaccinate, vaccinate: Dutta

This appears to be a PIL masquerading as a suit. You file a PIL... Initially he said it is cure..he then said no no it is not a cure. In the meanwhile, millions bought it : Court

#BabaRamdev

Now all this is coming down to that public has been mislead. There is a provision is CPC. Either you file application under Sec 91 or file a PIL : Court

I'll show something that is directly hitting the doctors: Dutta

We have restrains under CPC. We can't be as expansive: Court

Dutta asks the court to see another statement made by Ramdev to media.

Where is teb original statement? On what platform? Press or Twitter? : Court

Entire media: Dutta

This is transcript as reported in news. Where is the original: Court

#BabaRamdev

I undertake to put original on record: Dutta

#BabaRamdev

In an interview: Dutta

Where, to whom and when? It just says transcript: Court

#BabaRamdev

Mahindro says video is being broadcasted on Nation Next.

#BabaRamdev

Videos are not on record because they can't be placed on record without permission of the court: Mahindro

I just tried to click.. nothing is happening: Court

Can I play it : Mahindro

No, no. This is no way to argue: Court

#BabaRamdev

You should have filed the pendrive with requisite record : Court

I don't know how am I to know that it is the correct transcript: Court

He's not retracting.. I've certified it : Mahindro

#BabaRamdev

Court checks the links that are given in the plaint.

#BabaRamdev

Lakhs of people have died due to allopathic medicines: Mahindro reads

#BabaRamdev

It is an amazing farce.. allopathic..: Dutta reads on the media statements of Ramdev.

I've read it : Court

#BabaRamdev

He's saying lakhs of people who have died are because of allopathic medicines given by doctors.. he says we are stupid. It is an insolvent science.. at this juncture? We're curing lakhs of people. We are calling warriors today. 600 have died : Dutta

#BabaRamdev

These are not defamatory alone. This is serious.. we are saying it is directly hitting the associations, the aims of associations. We together are being insulted: Dutta

This is not defamation suit : Court

#BabaRamdev

It is an opinion. We are talking about.. you must ina case like this.. 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..: Court

Ramdev is a person..he doesn't have faith is allopathic. He believes everything can be cured by Yoga and ayurved. He may be right or wrong: Court

#BabaRamdev

This court can't say Coronil is a cure or not.. it is matter which needs expert viewing which requires Medical experts. There is a lot of deal of scrutiny.. this suit can't be a means to supplement what govt is doing : Court

#BabaRamdev

Though be may have used words like stupid science.. it may have been more temperate...but those are not causes.. : Court

This man has a lot of following.. : Dutta

#BabaRamdev

Let's say 10k people buy Coronil.. let us say 9.5k died.. they thought Coronil will work. You go to press and say look Coronil has killed 95%. Are you saying Ramdev will file a suit against you? Allopathic has worked for some and not worked for us . Someone has a view : Court

That it is because of inefficacy of allopathic so many people have died..I think it comes within Art 19(1)(a) : Court

He is a very powerful man : Dutta

I'm least concerned.. : Court

We made criminal complaints. He says nobody's father can arrest me: Dutta

#BabaRamdev

I'll issue notice on it, Mr Dutta. I'm not going to tell him to stop : Court

I've a case for interim relief. I've Baba Ramdev's own case: Dutta

#BabaRamdev

I've a doubt on whether you can maintain this : Court

Dutta says he wants to make submissions on interim relief.

#BabaRamdev

Dutta reads a judgement on interim injunction.

#BabaRamdev

What is interim relief? : Court

Restrain Ramdev from directly or indirectly publishing offending material, says Dutta

It is already on internet: Court

Tendor unconditional apology: Dutta

It can't be at interim stage: Court

He has refused to apologise: Dutta

#BabaRamdev

That's his prerogative, Mr Dutta: Court

Dutta says it should be declared that Coronil doesn't work for COVID 19.

We don't know if Coronil will not work for COVID 19 : Court

Ministry said it is not a cure : Dutta

#BabaRamdev

Ministry does not say so. It has not giving any finding.. So far as I know, to give a declaration.. it is an extremely involved process. It will require extensive study and research: Court

#BabaRamdev

Dutta says there is a reply to his RTI application from Ministry.

This office has not issued any certificate for use of Coronil.. : Dutta reads

#BabaRamdev

No certificate is issued. We are saying, till you don't get certificate, don't project it as a cure. Project the truth: Dutta

#BabaRamdev #Coronil

Dutta reads other interim prayers that he is seeking.

Where has he said Coronil is approved: Court

He has. When ICMR says.. : Dutta

One thing is to say it is a cure. Other is approved cure : Court

#BabaRamdev

Truthful statement would be so far it has ven approved as a booster but not cure : Dutta

What is the statement on approval by which you are aggrieved: Court

#BabaRamdev

Been approved*

Dutta says he would show exact URL.

Let's take it to the exact URL.. : Court

Dutta reads a transcript.

I feel proud saying that this medicine is ayurvedic medicine for corona... : Dutta

#BabaRamdev

Dutta reads another statement.

We took the permission from DCGI.. entire team of WHO has given permission.. : Dutta reads

#BabaRamdev

I've read it : Court

This is 19th February and RTI reply is from March : Mahindro

#BabaRamdev

Dutta goes back to reading the prayers.

Dutta seeks removal of the links/videos.

#BabaRamdev

Dutta seeks blocking of such web links and videos.

#BabaRamdev

Dutta seeks that there is no republication of the content.

I submit that the court may save us from this onslaught. The entire work.. they are being called names. Confusion is being caused. 70% are poor. Now he is saying don't vaccinate: Dutta

#BabaRamdev

I'm sitting before Court today only because doctors have saved my life : Dutta

Hope you live a long and prosperous life : Court

#BabaRamdev #COVID

Yes, Mr Nayar: Court

Court may have Sec 91. It is not a suit for defamation. Plea for publication, re publication does not arise : Nayar for Ramdev.

#BabaRamdev

Entire framework is on Section 91.. it is their own case is that it is intended for public good.. I'm raising preliminary objection of maintainability : Nayar

#BabaRamdev

In the face of prima facie non maintainable suit, they are asking for injunction. Let the court issue notice and I will put reply : Nayar

I've claimed token damage of Rs 1 : Mahindro

#BabaRamdev

That's not the point. Point was if you see 91(1), it has two parts. In case of public nuisance or other wrongful act, a suit for injunction etc may be instituted.. prayer in suit adn arguments.. are entirely arguments for affecting injury to public : Court

#BabaRamdev

And myself: Mahindro

If you're alleging act that affects public.. irrespective of what relief you're claiming, 91(1) has to be followed : Court

Court says application has to be filed for leave of the Court.

#BabaRamdev

Moment you are filing suit in public interest, protocol of 91(1) is mandatory. It is preliminary point that has to be answered : Court

#BabaRamdev

I will list it for hearing on maintainability first : Court

Court dictates order.

#BabaRamdev

Pleadings in plaint and arguments are premised on fact that Ramdev's act are prejudicial to the public.. especially in the matter of seeking relief from COVID 19. De hors the merit of the case, it appears prima facie that the averments.. would attract section 91(1) CPC : Court

Mr Rajiv Nayar for D1 raised a preliminary objection to the maintainability of the suit.. this, in fact, appears to be mandatory (as held by Court).. two responses have been offered. First is that sec 91(1) may not ve infracted as token damage of Rs 1 has veen claimed : Court

Second that act of D1 also injure the plaintiff itself. Prima facie, I am not convinced that these can be accepted at face value.. bare reading of sec 91 shows that if suit alleges public nuisance or wrongful act, suit has to be instituted by AG or with the leave of court : Court

This discipline has not been followed in the suit : Court

#BabaRamdev

The suit is a composite suit. Argument were advanced in composite manner. In any event, if suit is restricted to injury caused to plaintiff, it would require amendment to the plaint : Court

#BabaRamdev

Court refers to MOA of DMA.

This is at the highest an arguable point. It mainly set out the objectives.. these relate to aspect of public interest and public health...it may well fall for consideration whether 91(1) is attracted, says Court

Considerable time has passed since passing of allegedly injurious statements.. Mr Dutta says D1 continues to make statement.. no injunctive order can be given without giving opportunity to the plaint, especially in view of the objections..issue summons: Court

Dutta seeks date during the vacation.

22 May I retracted all statement: Nayar

Then tell you client to not make any statements : Court.

Nayar asks court to not make it part of order. Press is there : Nayar

I've no objection to him making statements on Coronil.. : Court

Mr Nayar is a very respectable senior. I'm sure his client will listen to him. : Court

Summons issued to unnamed defendants as well.

Response within three weeks: Court

It would be advisable that response are not restricted to maintainability : Court

#BabaRamdev

List for hearing and disposal of IA : Court

I'm just going to see how it is going to be reported.. I'm glad I didn't hear the Juhi Chawla matter.. : Justice Hari Shankar

Yes, your lordship recused : Nayar

#JuhiChawla

Hearing adjourned till July 13.

#BabaRamdev

Is Baba Ramdev to be blamed for people buying Coronil? Delhi High Court issues summons in suit to restrain false statements on Patanjali drug

@aditi2118 reports

#Ramdev #BabaRamdev #Patanjali #DelhiHighCourt @yogrishiramdev @PypAyurved

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