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Tuesday, Sep 30, 2008
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Supreme Court refuses to stay ban on smoking in public places

J. Venkatesan

NEW DELHI: The Supreme Court on Monday paved the way for implementation of the Centre’s notification banning smoking in public places from October 2 — the birth anniversary of Mahatma Gandhi.

A Bench, consisting of Justice B.N. Agrawal and Justice G.S. Singhvi, while refusing to stay the notification dated May 30, 2008, transferred to the apex court the four writ petitions filed by the ITC, the Indian Hotels Association and two others in the Delhi High Court challenging the notification.

The Bench, in its brief order, said: “In all these transferred cases, having given our anxious consideration of the entire matter, we are of the view that it is not a fit case for grant of interim relief. Accordingly, the prayer for staying implementation of Prohibition of Smoking in Public Places Rules, 2008 is rejected.”

It also made it clear that “no court in the country can pass any order which is in derogation of this order.”

The Bench directed the matter to be listed for hearing on November 18 after filing of responses and rejoinders to the petition filed by the Centre seeking transfer of the four petitions.

Additional Solicitor General Gopal Subramanian, appearing for the Centre, pleaded for permission to enforce the Rules.

He said the 2003 Act was enacted pursuant to the apex court judgment.

Senior counsel Harish Salve, Arun Jaitley and Rohinton Nariman opposed the Rules contending that enforcement of the notification would result in inspector raj and needless harassment.

Mr. Salve argued that the Rules went beyond the scope of the statute and should be struck down.

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