Bhatt moves HC against ban on smoking on screen Monday, September 26 2005 14:40 Hrs (IST) - World Time -
New Delhi:
Noted film personality Mahesh Bhatt today (Sept 26, 2005) moved the Delhi High Court challenging the May 31 notification of the Centre, which banned smoking on screen.
In a petition filed through advocate Pankaj Monga, Bhatt sought quashing of the notification under 'Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade, Commerce, Sale and Distribution) Act, 2003 terming it as a violation of the fundamental right to freedom of speech and expression guaranteed under Article 19 of the Constitution.
Bhatt's petition came up for hearing before a division bench Justice Mukul Mudgal and Justice H R Malhotra.
Monga contended that the notification was beyond the rule making power of the Government as the Act only dealt with the prohibition of advertisement and regulation of trade, commerce, sale and distribution and not films and other creative expressions.
He also contended that the notification was in conflict with Cinematography Act of 1952, which deals with films.
The ban on smoking on screen is scheduled to come into effect from October two.