Abhimanyu Sharma, through the PIL, raised concerns about the sale of tobacco products near religious places, arguing that such practices were inappropriate and could be offensive to devotees. He further requested that the sale of tobacco and other items be restricted around temples to preserve their sanctity.
NEW DELHI: The Delhi High Court on Wednesday (15th Jan) declined to entertain a Public Interest Litigation (PIL) filed by Abhimanyu Sharma, a Mandir Pujari, seeking restrictions on the sale of tobacco products near temples.
The PIL also called for vendors selling tobacco to be prohibited from offering any other goods near religious sites.
The petition was heard by a bench led by Acting Chief Justice Vibhu Bakhru, who remarked that it was not appropriate to intervene in the matter.
He stated, “We do not consider it fitting to issue any orders in this regard.”
The Court emphasized that the relevant authorities are responsible for taking necessary actions under the Cigarettes and Other Tobacco Products Act (COTPA).
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Sharma, through the PIL, raised concerns about the sale of tobacco products near religious places, arguing that such practices were inappropriate and could be offensive to devotees. He further requested that the sale of tobacco and other items be restricted around temples to preserve their sanctity.
However, the Court refrained from issuing specific directions, clarifying that enforcement of such regulations falls under the jurisdiction of the concerned authorities in accordance with existing laws, particularly the Cigarettes and Other Tobacco Products Act, which governs the sale and advertisement of tobacco products in India.
Similarly, in 2016, The sale of cigarettes and tobacco products within the Delhi High Court complex has been prohibited since June 16 this year.
This decision was heard by a bench consisting of Acting Chief Justice Gita Mittal and Justice C Hari Shankar during a hearing of a Public Interest Litigation (PIL) filed by a lawyer seeking the removal of a shop selling cigarettes and tobacco items inside the court campus. However, some lawyers were observed smoking within the premises.
The ban was enforced through a memorandum issued by the Registrar General on June 16, based on the recommendation of the chamber allotment panel, which had been tasked with examining the issue.
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The PIL was dismissed in default as the petitioner did not appear when the case was called.
Previously, on April 11, the high court had ordered the enforcement of a ban on smoking within its premises, in accordance with the Prohibition of Smoking in Public Places Rules 2008.
The court had directed that necessary steps be taken to implement Rule 3 of the 2008 Rules, which prohibits smoking in public places. Under Rule 3, the owner, proprietor, manager, supervisor, or in-charge of a public place is responsible for ensuring that smoking does not occur in the premises.
[ Case Title: Mandir Pujari Sh Abhimanyu Sharma V/s Govt Of Nct Of Delhi & Ors.].
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