Today(on 8th May), Bombay High Court rejects PIL seeking FIR against celebrities for promoting tobacco and gutka ads, citing insufficient legal basis. The court dismisses the plea, deeming it lacking in merit.
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MUMBAI: Today(on 8th May), The Bombay High Court rejected a public interest litigation (PIL) requesting the filing of a First Information Report (FIR) against celebrities endorsing tobacco and gutka products. Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, on the Division Bench, found the petition lacking legal merit and dismissed it as a publicity stunt.
The bench expressed its observations regarding the petition, stating-
“This petition, purportedly submitted in the public’s interest, lacks suitable pleadings and fails to articulate proper prayers.”
It further emphasized that the petitioner had taken the PIL proceedings lightly by seeking the registration of an offense that did not even exist.
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Following the court’s remarks, the petitioner sought permission to withdraw the plea, which was subsequently granted. The petitioner, a non-governmental organization named Yash Foundation, had approached the High Court seeking the registration of an FIR under Sections 327 (forcing someone to commit an illegal act), 328 (administering poison), and 120B (criminal conspiracy) of the Indian Penal Code (IPC), along with the relevant provisions of the Food Safety and Standards of India Act (FSSI Act). The plea specifically targeted various entities, including celebrities, for their involvement in “surrogate advertisements” of tobacco and gutka.
Furthermore, the petition emphasized the petitioner’s dissatisfaction with the police authorities’ failure to register the FIR. Advocate Rajesh Khobragade, representing the petitioner, informed the bench that he had filed complaints with multiple police stations across Mumbai. However, the Court observed that none of the respondents had engaged in actions that would warrant the alleged offenses.
The Court further commented on the matter, stating-
“Yash Foundation’s inclusion of various celebrities from different spheres seems more like a bid for publicity rather than addressing the issue with the expected level of seriousness.”
These remarks prompted Khobragade to request the withdrawal of the petition, a plea which was subsequently approved by the division bench.
Furthermore, the Court advised the NGO to conduct thorough research and preparation before filing any future PILs, emphasizing the importance of a well-founded and serious approach to such matters.
CASE TITLE:
Yash Foundation v. Union of India & Ors.
