Why Didn't You Issue Public Apology: Supreme Court Asks While Refusing To Accept Unconditional Apology On Affidavit By IMA President Dr. RV Asokan

The Supreme Court today refused to accept the unconditional apology of the President of the Indian Medical Association (IMA), Dr. R. V. Asokan, for his press interview containing remarks against the Supreme Court during the pendency of IMA's plea against Patanjali Ayurved with respect to misleading advertisements. On the last occasion, the Court had come down heavily on the President of IMA.

The Bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah said that all intention is shown by Dr. Asokan's conduct. The Bench also inquired why no public apology has been made yet. The Bench addressed Dr. R.V. Asokan who had appeared before the Court in person.

At the outset, Justice Kohli said, "Dr. Asokan, we have seen your Affidavit. With 45 years of experience in your professions and obviously, you have leadership roles if you have come as the President of IMA, we don't doubt it. We would have expected more sense of responsibility from you while giving the interview."

"You can't vent your internal feelings like this, that too against the Order of this Court. What made you suddenly choose the words you have chosen in the interview? How could you do that?" Justice Amanullah asked. 

Dr. Asokan sought an unconditional apology. He said, "I unconditionally apologise. Pray for your clemency."

The Court expressed concerns over accepting the unconditional apology, after the "damaging statements" Asokan made in the interview. Justice Kohli said, "You (IMA) are the one who dragged the other side (Patanjali) to court for valid reasons according to you saying that they are taking the whole world for a ride, misrepresenting everything to do with the allopathic profession, they are denigrating you (IMA). When you are put to test, you go their way."

"And exactly the same thing you did. You gave an interview after an Order was passed. How can we accept that it (unconditional apology) is heartfelt, and so what you will call 'inadvertent' because you pointed out an act (of Patanjali) after an order. You comment on the order of this court, you do exactly the same. How can we give you the benefit of doubt? Dr. Asokan...don't you know the consequences of the act on the patients, you are a doctor," Justice Amanullah said.

Justice Kohli said, "We took everything whatever you (IMA) said seriously enough to call the other side (Patanjali) and make them explain and their apologies did not impress us, not once, not twice, more than three times, because we thought it was not coming from the heart. We have the same to say for your Affidavit." 

"You can't sit on a couch giving an interview to the press and lampooning the court. It's a sub judice matter in which you were party. Your counsel could have asked for expunging remarks, to dilute it... But for you to go to the press on that! We are not at all happy with your affidavit. This conduct is not something we can condone so easily. You have been bust pointing fingers at the other side, and you behave in the same manner or worse," Justice Kohli added. 

Justice Amanullah expressed that Dr. Asoka has at least made a right beginning by starting with an unconditional apology and not contesting anything. "But let us see how far that can be a mitigating circumstance," he remarked. 

Noting that IMA is leading a team of 3,50,000 members across the country, the Court questioned, "What kind of example is this voluntary Association's President setting for the rest of his colleagues?"

The Bench further asked as to why Dr. Asoka did not give a public apology. "Why did you have to wait, till you had to come here? You knew everything, it was all written in black and white in bold, in this proceedings itself, what followed and how things turned out. If it was truly from the heart, why did not apologise publicly?"Justice Amanullah asked.

Justice Kohli added, "You could have gone to the same agency (to whom he gave the interview) and said, what you are telling us now on affidavit".

"Your intention is shown by your conduct," Justice Amanullah remarked.

The Court pointed out two weeks have gone by and there is "nothing in the public realm." The Bench asked Dr. Asokan, "What did you do to redeem yourself after the interview?"

In response, Dr. Asokan asserted that he held the judiciary in the highest esteem.

Consequently, the Court stated that it is not accepting the Affidavit filed by Dr. Asokan. 

"We will take further steps," the Counsel appearing for the IMA President assured the Bench.

Accordingly, the matter has been adjourned for further hearing on July 9. The Bench today also reserved order in the Contempt notices issued to Baba Ramdev and Balakrishna in the case. The Court today also called for comradery between Allopathy and Ayurved.

Pertinently, on May 7, the Bench had issued notice to the present President of the IMA, impleaded him as a party to the plea filed by IMA against Patanjali Ayurved, and directed him to file an Affidavit.

Earlier, the Court had pulled up the Indian Medical Association (IMA) and had said, "While the Petitioner is pointing fingers at Patanjali, those other four fingers are pointing at you, because members of your association have been busy endorsing medicines to their patients, left, right and centre."

Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]