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Notice to government on smoking scenes in
films
Friday March 16, 2012 09:48:26 PM,
IANS
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New Delhi: The Delhi High Court Friday issued notice to the health and
family welfare ministry on film director Mahesh Bhatt's plea
seeking quashing of a notification prohibiting smoking scenes in
movies.
Bhatt said that the government's notification of Sep 27, 2011 was
"illegal and arbitrary" and violated his fundamental rights.
A division bench of Justice Sanjay Kishan Kaul and Justice Rajiv
Shakdher refused to stay the notification as sought by Bhatt and
asked the government to reply by July 11.
Bhatt said: "I am deeply aggrieved by the 2011 amendments as they
are not only violation of the freedom of speech and expression but
also against the right to carry out profession, trade and
business."
"Rules made in exercise of the rule-making power conferred by a
particular statute have necessarily to be within the four corner
of that statute. The rules cannot make provisions beyond the
circumference of the act," the petition said.
Rules were null and void as they were without any jurisdiction and
beyond the rule-making power of the central government, it said.
The Cigarettes and other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Amendment Rules, 2011 had come into
effect Nov 14, 2011.
"The said act and rules making power conferred thereunder have no
application in the field of production and distribution of cinema
and television programme which is covered and governed by the
Cinematography Act and rules framed thereunder," said the
petition.
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