Delhi High Court refuses to stay trial court order asking IMA chief not to use platform to propagate religion

The Delhi High Court on Monday refused to stay an order of a trial court directing Indian Medical Association (IMA) president J. A. Jayalal not to use the organisation’s platform to propagate any religion and cautioning him that free feedback can’t be anticipated from an individual chairing the accountable submit.

Justice Asha Menon stated the court will not move any ex-parte order as no person appeared on behalf of the particular person on whose criticism the trial court had handed the order on June 4.

The excessive court issued discover on the enchantment filed by the IMA chief difficult the trial court’s order and listed the matter for additional listening to on June 16.

It stated the excessive court may have to look into the order handed by the trial court and can’t take a superficial view.

The trial court had handed the order on a plea filed towards Jayalal for allegedly beginning a defamatory marketing campaign towards the Puucho religion “by way of promoting Christianity, in the garb of proving superiority of Allopathic medicines over Ayurveda in treatment of COVID-19 patients”.

Complainant Rohit Jha had alleged earlier than the trial court that Jayalal was misusing his place and deceptive the nation and its residents in order to convert Hindus to Christianity.

The trial court had stated no injunction is required based mostly on the reassurance given by Jayalal that he’ll not take pleasure in such type of exercise and had famous that the plea appeared to be an offshoot of a verbal duel with respect to Allopathy vs Ayurveda.

Challenging the trial court’s, advocate Tanmaya Mehta, representing Jayalal, claimed that the IMA chief by no means gave such an assurance to the trial court since he has not finished something mistaken.

He sought to stay the observations made towards Jayalal within the trial court’s order saying they had been affecting his popularity as he was heading a physique which has 3.5 lakh medical doctors as its members.

He contended that there was no tv debate between Jayalal and Yoga guru Ramdev and that he was not propagating any religion together with Christianity and that the go well with earlier than the trial court was based mostly on faux information.

If anybody promotes allopathy, this does not imply that the particular person was asking for conversion into Christianity, the counsel stated, including that Jayalal was not towards Ayurveda however towards mixopathy.

The counsel stated Jayalal by no means uttered any remarks towards Hinduism nor ever tried to drive convert any Indian of any religion into Christianity.

“The act of appellant [Jayalal], if any, does not defame respondent/ plaintiff [Jha] therein per se or cause any per se offence, causing per se injury. Accordingly, the suit claiming defamation against a class is not maintainable,” the enchantment stated and sought setting apart of trial court’s order.

The trial court had requested the IMA chief not to take pleasure in any exercise opposite to the rules enshrined within the Constitution of India and preserve the dignity of the place chaired by him.

It had additionally cited a couplet written by poet Mohd. Iqbal – “Mazhab Nahi Sikhata Apas Mein Bair Rakhna; Hindi Hai Hum Watan Hai Hindustan Humara; Saare Jahan se Acha Hindustan Humara [Religion does not teach us to fight against each other. We are all Indians. Our India is the best.]” “The word Hindi in this couplet, written by a Muslim poet, does not refer to Hindus but is referred to all Hindustanis irrespective of caste, colour and religion, which is the beauty of secularism,” the trial court decide had stated.

The complainant earlier than the trial court had cited articles and interviews of the IMA president and had sought a route from the court to restrain him from writing, talking in media, or publishing any content material which is defamatory to Puucho religion or Ayurveda.

Jha had averred that an article of March 30, 2020 printed in Nation World News learn with TV debate of defendant with Baba Ramdev on numerous TV information channels in May 2021 have significantly disparaged and denigrated his “reputation in the society being a Puucho”.

This comes amidst ongoing tussle between Ramdev and the IMA after the previous’s alleged feedback towards COVID-19 vaccination and efficacy of allopathic medication.