New Delhi: The Supreme Court on Friday posted
for final hearing the Centre`s petition challenging Delhi High
Court verdict quashing the notification banning on-screen
smoking.
A bench comprising Chief Justice K G Balakrishnan and
Justice P Sathasivam granted four weeks to Centre to file its
rejoinder to the reply of the parties on whose petition the
High Court had on January 23 quashed the Centre`s ban on
smoking in films and television programmes.
Film Director Mahesh Bhatt had challenged in the High
Court the government`s notification contending that it
violates the fundamental right of speech and expression.
The High Court, allowing the plea of Bhatt, had said it
was a part of life and banning it would amount to the
violation of the fundamental rights.
The Centre had on February 17 approached the apex court
challenging the High Court ruling, saying scenes depicting
actors puffing away would "glamorise" smoking.
The ban imposed in 2006 was the brain-child of the then
Health minister Anbumani Ramadoss who had contended that
on-screen depiction of smoking was against public interest as
people try to imitate their stars` actions and get tempted to
take up smoking which is injurious to health.
The petition filed by the Health Ministry has cited 63
grounds to oppose the High Court verdict which had struck down
the rules imposing the ban on smoking on screen.
The Centre`s petition has said since the High Court has
upheld validity of the Cigarettes and other Tobacco products
(Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Act 2003, the
verdict quashing the rules to regulate the law was erroneous.
The High Court had on January 23 quashed the Centre`s ban
on smoking in films and television programmes, saying it is a
reality of life and any censorship on its depiction would
violate creative artistes` fundamental right to freedom of
speech and expression.
Bureau Report
