New Delhi: The Supreme Court on Monday stayed the Karnataka High Court order quashing the 2014 government regulation that packets of tobacco products must carry pictorial warning covering 85 per cent of the packaging space, saying that "health of a citizen has primacy".
A bench comprising Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud was "unimpressed" with the submissions of the Tobacco Institute of India (TII) that the interim stay would harm the fundamental right to do business of tobacco manufacturers.
“Considering the ...submission advanced at the Bar and keeping in view the objects and reasons of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and the measures taken by the state, we think it appropriate to direct stay of operation of the judgement and order passed by the High Court of Karnataka," the bench said.
Rejecting the submissions of senior advocate Kapil Sibal, appearing for tobacco manufacturers, that it would affect their business, it said, "We have remained unimpressed by the said proponent as we are inclined to think that health of a citizen has primacy and he or she should be aware of that which can affect or deteriorate the condition of health. We may hasten to add that deterioration may be a milder word and, therefore, in all possibility the expression 'destruction of health' is apposite.”
The bench then posted the appeals filed by NGO 'Health for Millions Trust' and Umesh Narain for final hearing on March 12 and asked the parties to complete pleading in the meantime.
Attorney General K.K. Venugopal, appearing for the Centre, said that the high court judgement needed to be stayed and 85 per cent pictorial warning on packaging space of tobacco products be allowed to remain as a large section of the population is not educated.
“Life sans health is not worth living and chewing of tobacco or smoking of cigarettes or bidis, causes irretrievable hazard to health. It is the obligation of the state to make the people aware of the injurious nature of these indulgences,” Venugopal said.
