The Hindu : National : Tobacco ads: <I>The Hindu</I> petitions transferred to Delhi High Court

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Tuesday, Mar 28, 2006

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National

Tobacco ads: The Hindu petitions transferred to Delhi High Court

Legal Correspondent

Plea challenges law relating to prohibition of ads of tobacco products in newspapers

NEW DELHI: The Supreme Court on Monday transferred two petitions filed by Kasturi and Sons, proprietors of The Hindu and other publications, challenging the law relating to prohibition of advertisements of tobacco products in newspapers, from the Madras High Court to the Delhi High Court for further hearing.

A three-Judge Bench, comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran, passed the order on a petition filed by the Centre seeking transfer of the petitions filed in the Madras High Court and the one filed by film producer Mahesh Bhatt in the Delhi High Court to the apex court.

The Bench passed the order after hearing Additional Solicitor-General Gopal Subramaniam for the Centre, Arvind P. Datar, counsel for Kasturi and Sons and others.

While rejecting the Centre's plea to shift the cases to the apex court, the Bench said it would be better if one High Court heard the matter.

Accordingly, the Bench ordered the shifting of the two petitions to the Delhi High Court.

The Bench made it clear that the interim stay granted by the Madras High Court on petitions filed by Editor-in-Chief of The Hindu N. Ram would continue till the Delhi High Court vacated it. Similarly, the interim order passed by the Delhi High Court on Mr. Bhatt's petition would also continue.

The Kasturi and Sons filed petitions before the High Court against the objections raised by the Centre for publication of photographs in The Hindu covering Formula One racing events which contained the names of certain cigarette brands. The Centre said the new law prohibited direct and indirect advertisements relating to tobacco products and asked The Hindu to stop publishing such advertisements.

The High Court restrained the Centre from proceeding further in the matter.

Mr. Bhatt had challenged the Centre's notification to ban on-screen smoking. The Centre filed the transfer petition since the same matter was pending before the two High Courts.

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