Supreme Court for final hearing on on-screen smoking

The Hindu Friday, July 31, 2009 : 2045 Hrs

National

Supreme Court for final hearing on on-screen smoking

New Delhi (PTI): The Supreme Court on Friday posted for final hearing the Centre's petition challenging the 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 Mr. 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.

Court strikes down ban on smoking scenes in films