The Delhi High Court declined to entertain a public interest litigation (PIL) that sought to prohibit the sale and consumption of tobacco products near temples.

The PIL was filed by a temple pujari, who argued that the sale of cigarettes and tobacco products near temples and religious sites should be prohibited. His plea called for directives to ensure that those involved in the sale of tobacco products refrain from selling other non-tobacco items, such as toffees, candies, chips, and soft drinks, which he believed compromised the sanctity of religious places.

The petition also sought action in line with the provisions of the 2003 Tobacco Control Act, asking authorities to ensure tobacco vendors are properly registered with municipal authorities and licensed for selling tobacco products. The petition further requested that steps be taken to uphold the sanctity and purity of temples, aligning with a directive from the Union Ministry of Health and Family Welfare that mandates tobacco vendors to be licensed and prohibits them from selling non-tobacco goods.

A Division Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, stated that if authorities find any violations of the relevant laws, they are obligated to take necessary actions.

The bench said, “Needless to state that if the concerned authorities find any violation of the Cigarette and other Tobacco Product (Prohibition of Advertisement and Regulation of Trade and Commerce Act), 2003 or any rules made thereunder, the authorities are required to take the necessary action in accordance with law.

The Court, accordingly, disposed of the PIL.

Cause Title: Mandir Pujari Sh Abhimanya Sharma v. Govt Of NCT Of Delhi & Ors.

Appearance:

Petitioner: Advocates Gurmukh Singh Arora, Rahul Nathru, Rajat Sangeliya, Aastha Thakur, Akshit Narula, Saurabh Gauba, Vishal Rathaur, Muskan Kaur Kalra, Ayushi Bisht, Navjot Gumber and Shivek Rai Kapoor

Respondents: Advocates Varun Chugh, Shreya Mittal, Vishal Kr. Chandel, Utsav A. Magotra and Nandita Mishra, Manu Chaturvedi, Khwaja Umair

Click here to read/download Order