Delhi HC declines to stay order asking IMA chief not to use platform to promote religion


The Delhi High Court on Monday declined to stay a trial court order directing Indian Medical Association (IMA) President J.A. Jayalal not to use the organisation’s platform to propagate any religion.

Justice Asha Menon declined to pass any ex-parte order as nobody appeared on behalf of the complainant in the trial court.

In a June 4 order, the trial court had cautioned Jayalal that loose comments cannot be expected from a person chairing the responsible post.

The high court said it will examine the trial court order and issued a notice on Jayalal’s plea. The high court has scheduled the matter for further hearing on June 16.

Jayalal had moved the high court challenging the trial court order.

A suit was filed by Rohit Jha to restrain Jayalal from ‘denigrating Hinduism and Ayurveda’.

However, the court said no injunction was required to be passed due to his assurance that he shall not indulge in such kind of activity.

“Saying Christianity and Allopathy are the same and is the gift by the western world would be the most inaccurate assertion. Sushrata, who was an Indian, is considered the god of surgery, which is an integral aspect of Allopathy,” the court said.

Jha alleged that Jayalal was misusing his position as IMA chief and launched a malicious and defamatory campaign against Hindu religion in the garb of proving the superiority of allopathic medicines over ayurveda in treating Covid patients.

Advocate Tanmaya Mehta, representing Jayalal, claimed that he never gave assurance to the trial court since he has not done anything wrong, and sought stay on the trial court order.

He claimed the order is affecting his reputation as he heads a body which has 3.5 lakh doctors as its members. He also claimed that the suit before the trial court was based on fake news.

The trial court had noted that the IMA cannot be used to propagate any individual’s views on any religion and added that the exclusive promotion of a particular religion by an institution defies the secular character of the Constitution.