IMA chief's apology in newspaper illegible, minuscule: SC

The Supreme Court on Tuesday refused to accept the unconditional apology published by Indian Medical Association chief RV Asokan in a newspaper over his "damaging" comments about the apex court in an interview with news agency PTI, saying the excerpt of the apology filed before it was "illegible" as the font was "minuscule".

Asokan had made the remarks while answering queries about Patanjali Ayurved Ltd's misleading advertisements case which was published in various publications.

A bench of Justices Hima Kohli and Sandeep Mehta directed senior advocate PS Patwalia, appearing for Asokan, to file physical copies of 20 editions of The Hindu newspaper, where his apology was published, within one week.

"We will not budge until we see advertisements in physical form, show us the actual size. No arguments till we see the advertisements...The excerpt of the apology filed before us is illegible in as much as the font is minuscule. Counsel for IMA president is directed to file physical copies of 20 publications of The Hindu where the publication of apology has been done within one week," the bench said.

As the hearing commenced, Patwalia submitted a list of publications where the apology has been published.

"What is the size? Who can read this? It is less than 0.10 cm," the bench said.

Patwalia said the IMA president was apologetic about the statement he made during the interview.

"He is not obliging anyone by tendering the apology," the bench shot back.

After the apex court issued the direction, Patwalia requested it to pass an order that would settle the matter against the IMA President as Justice Kohli is set to retire on September 1, 2024.

"Appropriate bench will pass an order, not today. It doesn't matter which court it is. If you comply with the order, you will be getting the appropriate relief," the bench told Patwalia.

A new bench will be constituted by Chief Justice D Y Chandrachud after Justice Kohli retires.

The IMA's counsel had on July 9 told the bench that Asokan's unconditional apology has been published in the association's monthly publication, on the IMA's website, as also by PTI.

During the hearing on May 14, the bench had posed some tough questions to Asokan over his "damaging" statements against the court in an interview to PTI and said, "You cannot sit on a couch giving an interview to the press and lampooning the court."

The court had then made it clear that it will not accept his affidavit tendering an apology at that stage.

Expressing displeasure over Asokan's comments made a day before it was slated to the hear the matter, the apex court had sought his response on an application filed by Patanjali Ayurved Ltd which urged the court to take judicial notice of the statements made by him.

In an interaction with PTI editors on April 29 for its programme '@4 Parliament Street,' the IMA president had said it was "unfortunate" that the Supreme Court criticised the association and also some of the practices of private doctors.

Asokan was replying to a query about the Supreme Court's observations during a hearing on April 23, when it had said while it was pointing one finger at Patanjali, the remaining four fingers were pointed towards the IMA.

The top court is hearing a plea filed in 2022 by the IMA alleging a smear campaign by Patanjali against the Covid vaccination drive and modern systems of medicine