SC refuses to stay ban on smoking

The Supreme Court on Monday refused to stay the operation of the law prohibiting smoking at public places. The court has also transferred to it, all other cases relating to this issue pending in Delhi High Court and other High Courts. The court also issued notice to the central government on petitions foiled by ITC and Hotels Association of India challenging the validity of rules issued by the government.   

 

While arguing before a two judge bench headed by Justice B N Agrawal, lawyer for ITC, Hotel Association of India demanded that the 2008 rules providing for ban on smoking at public places be stayed. The petitioners wanted these rules not to come in force on October 2. As they provide power to inspectors from customs and excise department to fine and punish the manager of hotel or restaurant where the smoking takes place in contravention to the rules. 

The government in the case has contended before the Supreme Court that all the cases relating to this issue should be transferred to the Supreme Court. The court has, according to the government's request, decided to consider the matter before it.