Excelsior Correspondent
Srinagar, May 13: Jammu and Kashmir High Court has directed the Government to see whether the cigarettes and other tobacco items contain warning as per the guide lines of Central Government.
“The Government through Chief Secretary, Principal Secretary Home, DGP, Commissioner Secretary Health and Medical Education and Divisional Commissioners of Kashmir and Jammu are directed to see that cigarette and tobacco products contain the warnings as per the guidelines issued by the Central Government”, the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey directed.
Court rejected the prayer of petitioner with regard to direction for ban of loose cigarettes and other tobacco products and said the same is prerogative of Government functionaries whether the ban on such products be imposed or not.
With regard to pictorial depiction of skull and cross bones and such other warning on the cigarette packets, the court, however, observed that the authorities should follow the guidelines issued by the Central Government from time to time.
The petitioner Mohammad Altaf Dar, who is working as program officer with Voluntary Health Association of India in tobacco control activities since 2011 had sought direction from the court upon the authorities to ban sale of loose cigarettes and tobacco in the State.
The petitioner had contended that “Jammu and Kashmir is emerging as smoking capital of Northern India and smoking is almost double the nationwide prevalence as the state has 12% of cigarette smokers as compared to the nationwide prevalence of 5.7%. It has also come to light that highest proportion of adults 67.9% are exposed to tobacco smoking in offices”.
Petitioner further prayed that respondents be directed to strictly implement the COTPA Act, 2003 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.
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