Entire country has been taken for a ride’: SC issues contempt notice to Patanjali over ‘misleading’ ads

Subject: Polity

Section: Judiciary

Context:

The Supreme Court February 27 came down heavily on Patanjali Ayurved for continuing to publish misleading advertisements regarding medicinal cures.

Key findings from the case.

The bench of Justices Hima Kohli and Ahsanuddin Amanullah also restrained the company from advertising or branding of products made by it for treating diseases/conditions as laid down in Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, and the rules framed under it.
The Supreme Court issued contempt of court notice to Patanjali Ayurveda and its Director Acharya Balkrishna.
The Indian Medical Association had accused Patanjali of carrying out a smear campaign against modern medicine and vaccination.
The company had continued to issue advertisements about the efficacy of its medicines and that this was prohibited under the Drugs and Magic Remedies (Objectionable Advertisements) Act.
The Advertising Standards Council of India (ASCI) had been receiving “multiple complaints” about Patanjali’s advertisements and that the Council had “upheld” some of these.

About Advertising Standards Council of India (ASCI):

ASCI was formed in 1985 by professionals from the advertising and media industry to keep Indian ads decent,fair and honest.
The Advertising Standards Council of India (ASCI) aims to ensure advertisements in India are fair, honest and are compliant with the ASCI Code.

About Contempt of Court:

Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
Article 215 conferred a corresponding power on the High Courts.
The Contempt of Courts Act, 1971, gives statutory backing to the idea.
It includes power to punish for contempt of court.
It is both civil and criminal punishment i.e., jail term up to 6 months or Rs 2000 as fine or both.
The SC has power to punish not only for itself, but HCs, subordinate courts and tribunals within the country.
Civil contempt:
- When there is wilful disobedience of any of the judgment, order, writ or other processes of a court or breach of undertaking to the court.
Criminal contempt:
- Publication of any matter or doing an act which:
  - 1) scandalizes or lowers court’s authority;
  - 2) Prejudices or interferes with the due proceedings of the court;
  - 3) Interferes or obstructs the administration of justice in any manner.
Innocent publication and distribution of matter, fair and true reporting of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of judiciary does not warrant contempt of court.