Delhi HC dismisses IMA President's plea against trial court order criticising his Ayurveda remarks as 'propagating Christianity'
Jul 27, 2021
By Amiya Kumar Kushwaha
New Delhi [India], July 27 : The Delhi High Court on Tuesday dismissed the appeal filed by Indian Medical Association (IMA) president Dr Johnrose Austin Jayalal challenging a trial court order that criticised his remarks on Ayurveda in an interview as allegedly "propagating Christianity".
Justice Asha Menon dismissed his appeal.
In his appeal, the IMA chief stated that "trial court without giving any heed to the maintainability of the suit passed an order and held that the appellant, Dr Johnrose Austin Jayalal is misusing his position of National President of Indian Medical Association for propagating Christianity over other religion".
After noting down the submission made by Advocate Tanmay Mehta, Justice Asha Menon of the Delhi High Court issued a notice in the appeal and sought the response of the complainant, Rohit Jha.
Even his (Dr Johnrose Austin Jayalal) casual statement would have a big impact on society, the Delhi High Court told the IMA chief.
Recently, a trial court had pulled him up and cautioned him to "not use" the organisation as a platform to propagate any religion.
Additional District Judge Ajay Goel further asked Dayal to concentrate on the welfare of the medical fraternity. "He shall not use the platform of IMA for propagating any religion and rather shall concentrate for the welfare of medical fraternity and progress in the medical field," the judge said.
The district judge, while deciding on the plea, cited a couplet written by poet Mohd. Iqbal "Mazhab Nahi Sikhata Apas Mein Bair Rakhna, Hindi Hai Hum Watan Hai Hindustan Hamara, Sare Jahan see Acha Hindustan Hamara".
The trial court was hearing a suit filed by Rohit Jha, through advocate Sanjeev Uniyal, against Jayalal for allegedly starting a defamatory campaign against the Hindu religion by promoting Christianity in the grab of proving the superiority of Allopathic medicines over Ayurveda for treating COVID-19.
Citing the interviews given by the IMA chief, Jha sought the court's direction to restrain Jayalal from writing, speaking in media, or publishing any content which is defamatory to Hindu religion or Ayurveda.
According to Jayalal's appeal, the appellant gave the interview to Christianity Today, which was thereafter published on the website Christianity.
"It is submitted that there was nothing said against any religion or any individual or the plaintiff or Ayurveda. It was an interview given in the personal capacity of the appellant expressing his personal view. Further, the said interview to Christianity today was general, and in the interview, there was nothing said about converting medical students, doctors and patients to Christianity," read the appeal.