The Hindu : National : Mahesh Bhatt challenges ban on smoking scenes

Online edition of India's National Newspaper
Tuesday, Sep 27, 2005

National

National

Mahesh Bhatt challenges ban on smoking scenes

Staff Reporter

Government to make a submission today

NEW DELHI: The Delhi High Court on Monday directed the Union Government to make a submission on a petition by Bollywood film producer and director Mahesh Bhatt challenging the legislative amendments to ban smoking in films and television serials.

A Division Bench comprising Justice Mukul Mudgal and Justice H.R. Malhotra asked Additional Solicitor-General P.P. Malhotra to prepare his brief and argue the case on Tuesday.

When the Bench took up the petition for hearing, Mr. Malhotra said that he was not ready to make a submission, as he had not gone through the content of the petition.

The Bench then asked Mr. Malhotra to either argue the petition there and then or give an undertaking to put the implementation of the amendments on hold till the matter was heard as the notification for implementing the amendments is slated to come into effect on Gandhi Jayanti on October 2.

In the reply, Mr. Malhotra said he would make his submission on September 27 (Tuesday).

Seeking quashing of the "Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Rules, 2005," Mr. Bhatt through his counsel submitted that it was unconstitutional.

He said that the Amendment was without jurisdiction, as the Centre did not have the statutory power to make it, and therefore null and void at the threshold stage. It had overreached the "Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003," the petition alleged.

Printer friendly page
Send this article to Friends by E-Mail

National