Summary : Patanjali Misleading Advertisement – Contempt Proceedings against Baba Ramdev and Acharya Balkrishna- SC Closed contempt proceedings and observed: Given the attendant facts and circumstances of the case and the effort made by the proposed contemnors to absolve themselves of acts that amounted to breach of undertakings given to this Court, we are inclined to accept the apology tendered by them and close the matter. At the same time, they are cautioned to strictly abide by the terms of their undertakings. Any future intransigence on their part, whether by act, deed or speech that could tantamount to violating the orders of the Court or dishonouring the terms of the undertakings, shall be viewed strictly and the ensuing consequences could indeed be grave. In that eventuality, the sword of contempt that has now been returned to rest in its sheath, shall be flourished as swiftly as these proceedings were originally initiated.
Contempt – A party appearing before the Court can give an undertaking by filing an application or an affidavit clearly setting out the undertaking given to the Court or by giving a clear and express oral undertaking incorporated by Court in its order. An undertaking may also be given by an Advocate on behalf of a client and if duly and properly given, it has the same effect as one given by the client. An undertaking given to the Court has the same force as an order of the Court and breach thereof would amount to contempt in the same manner as a breach of an injunction. Whether a statement made by a party or its counsel could amount to an undertaking, would depend on the words used in the statement made and the facts and circumstances of a case. When an undertaking is given before the Court for any purpose, be it for payment of money or for vacating a property or for doing an act or for refraining from doing a particular act and compliances are not made, contempt proceedings can be drawn up. The bottom-line is that if a party or the advocate acts in such a manner so as to convey to the Court a firm conviction that an undertaking is being given regardless of the fact that the word “undertaking” has not been specifically mentioned, that party will be bound down and it will be no answer that he did not think that he was giving it or that he was misunderstood. (Para 50)
Conduct – Any apology tendered by a party in contempt proceedings must be unconditional and unqualified. Such an apology must also demonstrate that it has been made with a bona fide intention and not just to wriggle out of a tight situation. Tendering a qualified apology is akin to a game of dice. It could either have a positive outcome or a negative result. If the contemnor tenders a conditional apology and expects luck to play a role in the outcome of such an apology, then he should be ready to face the consequence of an outright rejection. (Para 43)