Delhi HC declines to stay trial court directive to IMA chief

t, however, lists case for further hearing on June 16

June 14, 2021 04:51 pm | Updated June 15, 2021 12:28 am IST - New Delhi:

Delhi High Court. File

Delhi High Court. File

The Delhi High Court on Monday declined to stay an order of a trial court directing Indian Medical Association (IMA) president Dr. J.A. Jayalal to “not use the platform of IMA for propagating any religion and rather shall concentrate for welfare of medical fraternity and progress in medical field”.

The court declined to pass an order on Dr. Jayalal’s plea against the trial court order as nobody appeared on behalf of the person on whose complaint the June 4 order of the trial court was passed. It, however, listed the case for further hearing on June 16.

The trial court passed its order on a complaint by one Rohit Jha, who claimed to be “hurt by the malicious and defamatory campaign started by defendant [Dr. Jayalal] against a particular religion i.e. Hindu religion by way of promoting Christian religion in India in the garb of proving superiority of Allopathic medicines over Ayurveda medicines in treatment of Covid patients”.

Mr. Jha alleged that an article of March 30, 2020 published in Nation World News read with a TV debate of Dr. Jayalal with Yoga guru Baba Ramdev on various TV news channels in May 2021 had seriously disparaged and denigrated his “reputation in society being a Hindu”.

Mr. Jha said Dr. Jayalal, through his article and subsequent “raising the issue of Allopathic Vs. Ayurveda”, has deliberately attempted to defame the Hindu religion. He also alleged that Dr. Jayalal, in order to convert the Hindus of India to Christian religion, was misusing his position as IMA president.

On his complaint, the trial court had said, “It is expected from him [Dr. Jayalal) that he will not give any such occasion so that people may believe otherwise or indulge in any activity contrary to the principles enshrined in constitution and shall maintain the dignity of position chaired by him”. No order was required based on the assurance given by Dr. Jayalal that he would not indulge in such kind of activity.

Dr. Jayalal has, before the High Court, sought to stay the observations made against him in the trial court court order. He said they were affecting his reputation as he was heading a body that had 3.5 lakh doctors as its members. He contended that he was not propagating any religion, including Christianity, and that the suit before the trial court was based on fake news.

IMA’s letter to PM

In May, the IMA wrote to Prime Minister Narendra Modi, seeking his help to stop the ‘misinformation’ campaign on COVID-19 vaccination and demanding action against Baba Ramdev for his alleged remarks on allopathy and allopathic doctors.

“Misinformation campaign on vaccination by Patanjali owner Ramdev should be stopped. In a recent video he claimed that 10,000 doctors and several people have died despite taking both doses of vaccine. Action under sedition charges should be taken against him,” its two-page letter said.

Doctors of different hospitals across the country have protested against Baba Ramdev’s comments.

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