‘Sharbat jihad’: Delhi HC orders Ramdev to remove offensive content against Rooh Afza

The Delhi High Court on 1 May, Thursday, ordered Yoga guru Ramdev to remove within 24 hours an offensive video targeting Hamdard, manufacturer of Rooh Afza, from social media platforms after he was accused of contempt in a row over his controversial  “sharbat jihad” remarks against the drink.

The court previously ordered him not to issue any statements or share videos in the future similar to those before it and relating to products of competitors including Hamdard.

On Thursday, however, Hamdard’s counsel informed the court that Ramdev again published a video containing offensive content.

Ramdev, as a result, was ordered to take down the offending portion of the video which referred to Hamdard and its products “within 24 hours from all social media platforms and other media”.

 “In view of the last order, this video and the affidavit you have filed are prima facie in contempt. I will issue a contempt notice now. We are just calling him here,” Justice Amit Bansal said.

The judge added, “He (Ramdev) is not in control of anyone. He lives in his own world.”

The court was hearing a plea filed by Hamdard National Foundation India against Ramdev and his Patanjali Foods Ltd over the controversial remarks.

After the court warned of initiating contempt action against Ramdev, his lawyer assured the objectionable content will be deleted from the video within 24 hours from YouTube, other social media platforms and any other media where it was published either by him or his company.

The court asked Ramdev to file an affidavit of compliance of its order within a week and posted the matter on 2 May.

Senior advocate Sandeep Sethi, representing Hamdard, said Ramdev came up with a new video showing he had no respect for anybody, including this court.

“In a matter of one day, it has 8.9 lakh views and 8,500 likes and 2,200 comments and the video has gone viral. That is the reach of such a communal video which was far beyond what is permissible in law,” he said.

Sethi argued the tone and tenor of Ramdev ‘s videos were of communal speech and he was creating a communal divide between the consumers by asking them to choose his products over others.

“This cannot be allowed by any sense of justice,” he added.

Senior advocates Rajiv Nayar and Jayant Mehta, representing Ramdev and Patanjali, respectively, said the video might be distasteful and at best defamation but wasn ‘t disparagement of products of any other company. They said it was a different cause of action and contempt wasn ‘t attracted.

“I have complied with the court ‘s order to take down the video. At best it could be defamation and for that the plaintiff should take its own course of action,” Nayar said.

After watching the new video put out by Ramdev, the judge told Ramdev’s counsel, “I think he is beyond your control.”

The counsel cannot justify such a video, the judge added.

The court also noted Ramdev was hauled up for contempt by the Supreme Court previously.

“This shows the falsity of his affidavit in which he stated that he was a law-abiding citizen and strictly upholds the law of the land,” it noted.

On 22 April, the court said Ramdev ‘s remark of “sharbat jihad” on Hamdard ‘s Rooh Afza shook its conscience and was indefensible, prompting the Yoga guru to assure he would immediately take down the related videos and social media posts.

The counsel for Hamdard claimed while promoting Patanjali’s  “gulab sharbat”, Ramdev alleged the money earned from Hamdard’s Rooh Afza was used to build madrasas and mosques.