Delhi HC declines to stay order against IMA chief, asks him not to misuse his position to defame religion

New Delhi: The Delhi High Court on Monday has 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.

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

On June 4, the trial court had cautioned Jayalal that loose comments cannot be expected from a person chairing the responsible position. However, Jayalal had moved the high court challenging the trial court order.

"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 had 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.

The trial court 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.

However, the court did not issue any injunction against Jayalal due to his assurance that he shall not indulge in such kind of activity in future.

Meanwhile, 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.

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

The high court has scheduled the matter for further hearing on June 16.