The Supreme Court on Tuesday stayed the Ayush ministry’s notification that had withdrawn Rule 170 of the Drugs and Cosmetic Rules, 1945, intended to ban advertisements on ayurvedic, unani and siddha medicines.

It was found that the order was passed by the authorities in violation of the court’s earlier directive while hearing the Indian Medical Association’s (IMA) petition against the Patanjali group for promoting its product as remedy for various incurable ailments.

“Instead of withdrawing the letter dated August 29, 2023, for reasons best known to the ministry, the notification dated July 1 to omit Rule 170 of the Drugs and Cosmetic Act Rules, 1945, has been issued which is contrary to directions issued by this court.

“Till further orders, effect of the July 1, 2024, order shall remain stayed,” a bench of Justice Hima Kohli and Justice Sandeep Mehta said in the order.

On August 29, 2023, the ministry issued a circular directing all states/ UTs and state licensing authorities not to take any action under Rule 170. It had issued the circular on the ground that the necessary gazette notification would take further time and to avoid “confusion among various states/UTs and licensing authorities the letter was being issued to omit Rule 170”.

However, in May the earlier bench of Justice Kohli and Justice Ahsanuddin Amanullah, while dealing with a petition filed by the IMA challenging the media advertisements issued by yoga trainer Ramdev and his Patanjali group claiming herbal cure for various ailments, had questioned the ministry’s decision to omit the rule.

The bench had taken the view that the rule could not have been omitted and had sought an explanation. However, by the impugned notification on July 1, the government withdrew the rule, prompting the rap from the court on Tuesday. Additional solicitor-general K.M. Nataraj appeared for the ministry.

The bench of Justices Kohli and Mehta also expressed dissatisfaction with the apology tendered by IMA president R.V. Ashokan, who the court had on April 30 held guilty of contempt for making certain remarks on its April 23 decision to turn the “beam” on allopathic doctors for prescribing expensive and unnecessary medicines to patients while dealing with the IMA’s petition against Ramdev
and Patanjali.

The bench said the advertisements issued by Ashokan tendering an apology were “minuscule” and could not be read by the judges.