Plea against anti-tobacco imagery: Delhi HC accepts lawyer’s apology, expunges remarks against him

New Delhi: The Delhi High Court has expunged certain remarks made against a lawyer by a single judge who had dismissed his plea seeking direction to the Centre to prohibit the display of anti-tobacco health spots having graphic or gross images during film screenings in cinema halls and on television and OTT platforms.

A bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna accepted the unconditional apology tendered by the lawyer petitioner for filing an appeal challenging the dismissal of his petition by the single judge.

The single judge had dismissed the petition earlier this year for being a 'gross abuse of the process of law' and said the purpose of displaying distasteful, gross and graphic anti-tobacco imagery was only to make people aware of the ailments and ill-effects of consuming tobacco and tobacco products and show them what they can do to their health.

Initially, it was stated in the appeal that the single judge failed to consider that a number of anti-tobacco health spots created and used by the Centre contain extremely gross and close up images related to tobacco usage, including mouth cancers and surgical procedures, which spoil the experience of the person watching the movie and leaves a disturbing impact on the viewer.

Later, during the hearing on the appeal, the counsel for the petitioner stated that he does not wish to press the appeal on merits.

The division bench, in its order, said, “In view of the unconditional apology, which is accepted by this court, the observations made by the single judge in …. are expunged and the present appeal along with Caveat as well as pending applications is dismissed as not pressed.” The petitioner lawyer tendered unconditional apology for filing the appeal as well as the petition and stated that they were not filed with any malafide intentions.

“That the endeavour of the appellant was never to promote or support consumption of tobacco in any manner whatsoever and that the appellant is himself a non-smoker and against use of tobacco in any form.

“That the appellant has never opined, represented or appeared on behalf of any Tobacco manufacturer or seller before any court or tribunal, including the present writ petition and appeal,” he said and expressed regret.

Last week, the division bench had pulled up the lawyer for filing the petition and asked him to file an affidavit expressing regret while observing that he needed a “course correction”.

The court had observed that the government was trying to take measures to spread awareness about the harmful impact and consequences of tobacco consumption and the petition could be a 'sponsored litigation'.

Under the Cigarette and Other Tobacco Products Act (COTPA) rules, anti-tobacco health spots and disclaimers are being issued by the Ministry of Health and Family Welfare. These advertisements are aimed at creating awareness about the ill effects of tobacco consumption.

The petitioner had argued before the single judge that his grievance was against the incorporation and prevalence of distasteful, gross and graphic anti-tobacco imagery in the health spots played during the screening of movies and television programmes.

The single judge had said it was the duty of the State to take steps to ensure that the health of the citizens is protected.