Court expresses shock, demands affidavit, and warns against future communal statements amid Hamdard’s trademark suit.
The Delhi High Court on April 22 issued a stern directive to Baba Ramdev’s Patanjali Ayurved, ordering the immediate removal of all advertisements that refer to Hamdard’s iconic beverage Rooh Afza as “Sharbat Jihad.”
The court’s intervention follows a legal challenge by Hamdard, accusing Patanjali of trademark disparagement and inciting communal disharmony.
“I couldn’t believe my eyes and ears,” remarked Justice Amit Bansal in court, reacting to the controversial promotional content that ignited widespread concern.
The offending ad, circulated on social media, features a pointed comparison between Patanjali’s summer drink and Rooh Afza, claiming that proceeds from the latter support the construction of “masjids and madrasas.” The Court has also ordered Patanjali to file an affidavit within five days, containing a formal statement from Ramdev pledging to refrain from making similar remarks or publishing such content in the future.
Senior advocate Mukul Rohatgi, representing Hamdard, described the case as deeply disturbing. “This is not just a matter of product disparagement; it’s an attempt to sow communal discord. It amounts to hate speech,” he told the court.
In defense, senior advocate Rajiv Nayyar, appearing for Patanjali, argued that while the company does not harbor any anti-religious sentiments, Ramdev is entitled to express personal opinions. However, Justice Bansal was quick to rebuke the argument, stating, “He can hold these opinions in his head, but he can’t express them.”
The matter has been listed for further hearing on May 1.
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