NEW DELHI — The Delhi High Court on Tuesday observed that Baba Ramdev’s purported remark of “sharbat jihad” on Hamdard’s Rooh Afza shook its conscience and was indefensible. The Court directed Baba Ramdev’s Patanjali to immediately pull down all its advertisements referring to Rooh Afza as “Sharbat Jihad.”
Justice Amit Bansal, who was hearing a plea by Hamdard National Foundation India against Ramdev’s Patanjali Foods Ltd, said, “It shocks the conscience of the court. It is indefensible. You (counsel for Ramdev,) instructions from your client otherwise there will be a strong order”.
“I couldn’t believe my eyes and ears,” Justice Amit Bansal said in an oral observation.
Hamdard has moved the Court in a trademark disparagement suit against Patanjali. In a social media post advertising Patanjali’s summer refreshment drink, Ramdev contrasted it with Rooh Afza and claimed that the competitor’s profits are used “for building masjids and madrasas.”
The Court also directed Patanjali to file an affidavit within five days recording a statement by Ramdev that he shall not issue any such statements, advertisements, or social media posts in the future.
Senior advocate Mukul Rohatgi, appearing for Hamdard, argued that it was a shocking case that goes beyond the disparagement of Rooh Afza product but also is a case of “communal divide.”
He added that Ramdev’s remark is “hate speech.”
Senior advocate Rajiv Nayyar, who appeared for Patanjali, argued that while the company is “not against any religion,” Ramdev cannot be stopped (from speaking) if it is his “opinion.”
“He can hold these opinions in his head, but he can’t express it,” Justice Bansal said.
The case will be heard next on May 1. — With inputs from agencies
