Excelsior Correspondent
SRINAGAR, Apr 12: Jammu and Kashmir High Court today sought response from the Government to the Public Interest Litigation with regard to sale of loose cigarettes and tobacco in the State.
The Division Bench of Justice MH Attar and Justice J R Kotwal issued notice to the respondents which has been waived of by the AAG N A Beigh in the open court and court sought response from him within a period of two weeks.
The petitioner Mohammad Altaf Dar who is working as program officer with Voluntary Health Association of India in tobacco control activities since 2011 has sought direction from the court upon the authorities to ban sale of loose cigarettes and tobacco in the State.
“A Writ in the nature of mandamus be issued in favour of the petitioner and against the respondents commanding them to ban sale of loose cigarettes and tobacco in view of mandate contained Section 7 of the Cigarettes and other Tobacco Products (COTPA) (Prohibition of Advertisement and Regulation of Trade and commerce, Production, Supply and Distribution) Act 2003”, Petitioner Dar Prayed in his PIL.
Petitioner further prayed that respondents be directed to strictly implement the COTPA Act, 2003 strictly and place effective mechanism for banning the sale of loose cigarettes as has already been banned in State of Maharashtra and Punjab by passing necessary notifications under Section 7 of the Act supra
It is stated that the purpose behind the Act is to give warning to those persons who directly or indirectly are involved in selling/supplying or distribution of cigarettes by selling cigarettes and lose tobacco without carrying pectoral warning in order to make public aware of the consequence of smoking and use of tobacco, but in order to defeat this provisions the pictorial warning is missing when a shopkeeper sells loose cigarettes and other tobacco products.
“That the loose cigarette is mostly sold to younger generations who cannot afford a full package of cigarette or tobacco, on one side it violates the Section 7 of the Act as without warning and on other side it plays havocs with the health of the young people including school going children”, petition reads.
It is submitted that by banning supply of loose cigarettes and others tobacco products the purpose is to discourage youth who cannot afford to purchase full packet of cigarette or tobacco and once they are discouraged and make it difficult for them to purchase cigarettes and will serve to protect the young generation from getting involved in these kind of menaces.
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