Latest legal developments
June 30,2009
Writ petition was filed by Lawyers Collective Bangalore office on behalf of Cancer Patients Aid Association for effective implementation of Section 4 and 6 of COTPA.High Court of Karnataka directed the State Government to ban sale of caigarettes to minors and in areas within the radius of 100 yards of any educational institutions in the state.The Hon'ble Court also directed the state to file an action taken report in this regard within six weeks.
May 6, 2009
In the matter of Health for Millions Vs. Union of India, the Hon'ble Bench of Supreme Court passed the following order.
Application for impleadment on behalf of All India Bidi Industry Federation is allowed.
Mr. Gopal Subramaniam, learned Additional Solicitor General appearing on behalf of the Union of India made a statement at the Bar that Government of India undertakes to implement Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008, with effect from 31st May, 2009, and enforcement thereof shall not be further extended under any circumstances. In view of this statement made at the Bar and the undertaking, it is not necessary to pass any further order in these writ petitions by way of interim measure. However, we direct that no Court in the country shall pass any order, which is inconsistent with this order.
April 13, 2009
Arguments were heard in the Supreme Court before the Hon'ble Bench of B.N.Aggarwal and G.S.Singhvi on the interim application filed by us in seeking immediate implementation of Packaging and Labeling Rules 2008. Ms. Jaising presented the history of the packaging and labelling notifications before the Supreme Court. She elucidated on how the pictorial warning has been diluted and how the Government has repeatedly delayed the implementation date.
The matter has been listed for final arguments on April 30, 2009.
April 10, 2009
The meeting of a group of ministers scheduled to look into the pictorial warnings for tobacco products was postponed at the last minute, due to pressure from non-governmental organizations. Ms. Indira Jaising approached the Supreme Court and mentioned to the court that the group of ministers were likely to meet and postpone the date of implimentation of the notification on packaging and labeling,2008. A bench headed by Chief Justice K.G.Balakrishnan listed the case for hearing on April 13, 2009
April 2, 2009
The Supreme Court issued notice to noted film director Mahesh Bhat on the Centre's petition seeking stay on the Delhi High Court verdict, which had quashed the notification banning on screen smoking on a petition filed by him and others.A bench headed by Chief Justice K.G.Balakrishnan sought response from Bhat and others.
The High Court allowing the plea of Bhat, had on January 23 said that smoking was a part of life and banning it would amount to the violation of the fundamental rights.
The Centre had on Feburary 17 approached the Supreme Court challenging the High Court's ruling saying scenes depicting actors puffing away would glamorise the social evil.