Ramdev gives undertaking to Delhi HC on removing controversial video clips
Yoga practitioner and Patanjali founder Ramdev on Friday took an undertaking before the Delhi high court that he will take down all social media posts and/or disparaging videos/advertisements in future regarding Hamdard's popular drink RoohAfza.
Ramdev's counsel Rajiv Nayyar submitted before a bench of justice Amit Bansal that the same would be filed in the court by way of an affidavit during the day, in compliance of the April 22 directive and sought for disposal of the suit, filed by Hamdard against Patanjali and Ramdev.
On April 22, following the high court's reprimand, Ramdev had assured that he would immediately take down the videos, social media posts related to his 'Sharbat Jihad' comment.
He was directed to file an affidavit within five days undertaking not to issue any statements, social media posts or disparaging videos/advertisements in future similar to those which are subject matter of the present suit in respect of products of the competitors.
Taking note of the submissions, the court fixed May 9 as the next date of the hearing.
'Mr Nayar submits that the defendants are willing to file an undertaking in terms of paragraph 18 of the order dated April 22. Copy of the affidavit has been given to the counsel for the plaintiff. Let the same be filed during the course of the day. List on May 9,' the court said in its order.
Also Read:'Lives in his own world': Delhi HC raps Ramdev after new Rooh Afza video
At its April 22 hearing, the bench reprimanded Ramdev for his offensive videos against Hamdard's popular drink Rooh Afza on a suit filed by Hamdard Laboratories, ordered him to take down these videos and ordered him to give an undertaking that he won't put out such videos or statements again.
But on Thursday, Hamdard's counsel senior advocate Sandeep Sethi told the court that Ramdev had issued another video, that said the profits earned by Hamdard were being diverted for building madrassas, masjids and that they trusted Mughal's Aurangzeb while Patanjali's trust was in Lord Ram.
Sethi also pointed out that Ramdev's affidavit was silent on the undertaking ordered by the court.
Justice Bansal noted that the tone and tenor of the new video was similar to the old one.
'Para 18 was the requirement, he has not complied with that. The affidavit that you filed is prima facie contempt. He's not in control of anyone and lives in his own world. The tone and tenor of the new video is exactly similar. You refer to Hamdard… The money goes to…. Where have you complied with Para 18? According to my seeing, of the video and the affidavit, both are non compliant,' justice Bansal said, posting the matter for further hearing later in the day while hearing a trademark infringement case filed by Hamdard's Rooh Afza.
Sethi said Ramdev had consciously chosen to not give an undertaking in the affidavit and instead uploaded a new video to create communal divide between consumers to lead them to choose Patanjali's products. The new video already had 90,000 views and 22,000 comments. 'He does not 'consciously comply with the order,' and 'comes up with a new video,' the counsel said.
Nayyar, however, insisted that Ramdev had complied with the order by mentioning in his affidavit that he was a 'law abiding citizen' and 'respected all religion' and had the fundamental right to free speech for comparing competitor's products. Nayyar further submitted that the subsequent video did not disparage Hamdard's products, had already complied with the take down order and the court could not pass a gag order.
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