“I couldn’t believe my eyes and ears,” Justice Amit Bansal of the Delhi High Court said in an oral observation while hearing the trademark disparagement case filed against Baba Ramdev’s Patanjali by Hamdard. The Delhi HC on Tuesday has directed Patanjali to immediately remove all the advertisements that refer to Hamdard’s popular drink Rooh Afza as ‘Sharbat jihad’.
Notably, Rooh Afza has been a very popular drink across India, going beyond the barrier of religions. Recently, Baba Ramdev, while advertising Patanjali’s summer refreshment drink, contrasted it with Rooh Afza, terming the latter as a step of ‘Sharbat jihad’. He also stated that the profit of Hamdard’s product is used for building mosques and madrassas.
Baba’s advertisement, which showed over social media while terming Rooh Afza as sharbat jihad, sparked outrage. People condemned the act. The Delhi HC direction today came as a blow to Baba Ramdev’s advertisement show.
The Court also directed Patanjali to file an affidavit within 5 days. The affidavit will record a statement by Ramdev that he shall not issue any such statements, advertisements, or social media posts in the future.
Senior advocate Mukul Rohatgi appeared for Hamdard. In his argument, Rohatgi said that the case was very shocking and went beyond the disparagement of the Rooh Afza product. This is also a case of “communal divide”, Rohatgi commented, adding that Ramdev’s remark is “hate speech.”
Senior advocate Rajiv Nayyar appeared for Patanjali. Mr. Nayyar, in his argument, put forward that the company (Patanjali) is “not against any religion,” and Ramdev cannot be stopped from speaking if it is his “opinion”.
Justice Amit Bansal, replying to Nayyar’s argument, said--“He can hold these opinions in his head, but he can’t express it.”
The case will be heard next on May 1.