The Supreme Court on Monday accused the Government of colluding with the tobacco lobby and not taking the initiative to get a stay order on regulations for the sale of tobacco products, imposed by the Bombay High Court eight years ago.
Quashing the High Court order, the apex bench of Justices GS Singhvi and V Gopala Gowda revived the 2004 rules framed under Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act.
By this, shops selling cigarettes and other tobacco products cannot display their brands; tobacco products are to be sold through a vending machine and their display should not be so glazed that it gives an easy access to children below 18 years of age.
The impending case and stay order with the HC for eight years has made the SC question Centre over its inertia in the matter. Finally, it was an NGO, Health for Millions, which approached the apex court seeking urgent intervention.
Counsel for the NGO Prashant Bhushan pointed out that the Government showed no seriousness to pursue a case before the HC which concerned public health.
On December 19, 2005 when the HC imposed the stay, no lawyer appeared on behalf of the Centre. It was only on October 13, 2006 that an application was moved by Centre to vacate the stay. Ironically, it was not listed for hearing before the court for six years.
Disturbed by the sequence of events, the Bench observed, “Every day, every moment people are dying of cancer and it is the Centre which connived with the tobacco lobby by non- appearance of an advocate during the hearing in the Bombay High Court.” The apex court had in January this year stayed the HC order but on Monday, it finally set aside the order, paving way for the regulations to be enforced.