The Delhi High Court has declined to entertain a Public Interest Litigation (PIL) that called for a ban on the sale and consumption of tobacco products in the vicinity of temples and other religious structures. The bench, comprising former acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, passed the order on January 15, emphasizing that enforcement of existing tobacco control laws is within the purview of the appropriate authorities.
The PIL, filed by Abhimanyu Sharma, argued that the sale of tobacco products near religious places compromises the sanctity and purity of these sites. Sharma also urged the court to direct that vendors of tobacco products should not be permitted to sell any other items, aiming to reduce the accessibility of tobacco near religious settings.
In their response, the court noted that it is not within its mandate to address issues already covered under existing legislation, specifically the Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003. The court stated, “We do not consider it apposite to entertain this petition as a Public Interest Litigation,” highlighting the principle that the judiciary should not intervene in matters where statutory provisions provide a clear course of action.
The court further clarified, “Needless to state that if the authorities concerned find any violation of the Cigarette and other Tobacco Product Act, 2003 or any rules made thereunder, the authorities are required to take necessary action in accordance with law.”
