TMI Blog2013 (7) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution, Sridhar S. Kulkarni and Namdeo Kamathe and Ors. challenged the constitutional validity of The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, 'the 2003 Act') and The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004 (for short, 'the 2004 Rules') as amended by The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Rules, 2005 (for short, 'the 2005 Rules'). Their plea is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incomplete, therefore, the petitions cannot be taken up for final hearing. In this view of the matter, the interim order granted earlier in all these petitions to continue till the final disposal of the petitions. (8.) SUBSEQUENTLY , the Union of India is said to have applied for vacating the interim order but did not pursue the matter and the cases do not appear of have been listed before the High Court for hearing for the next six years. We have been informed that the petitions filed by the Union of India for transfer of the cases from Bombay High Court were dismissed by this Court. (9.) THE Appellant in the first case, i.e., Health for Millions, which is a public charitable trust and has been working since 1991 for making public aw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned orders are liable to be set aside because the High Court has not assigned any reason for granting blanket stay on the operation of the statutory rules and that too without realizing that such orders will have far reaching adverse effect on the health of the people. Learned Counsel also criticized the role of the Union of India in not defending public cause before the High Court. (12.) SHRI V. Shekhar, learned senior Counsel appearing for the Union of India supported the cause taken up by the Appellants and submitted that even though he cannot explain the absence of the advocate engaged by the Union of India to contest the writ petitions before the High Court, the Central Government is committed to implement the rules. (13.) LEAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal and the factors, like, balance of convenience, irreparable injury and public interest are in favour of passing an interim order. (15.) IN Bhavesh D. Parish v. Union of India , this Court considered a somewhat similar question in the context of prayer made for stay of Section 45 -S of the Reserve Bank of India Act, 1934 and observed: Before we conclude there is another matter which we must advert to. It has been brought to our notice that Section 45 -S of the Act has been challenged in various High Courts and a few of them have granted the stay of provisions of Section 45 -S. When considering an application for staying the operation of a piece of legislation, and that too pertaining to economic reform or change, then the courts must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of economic reforms and fiscal statutes. (16.) A reading of the impugned orders leaves no manner of doubt that while granting interim relief to the writ Petitioners, the High Court did not apply its mind to any of the ingredients, the existence of which is sine qua non for such orders. The High Court overlooked the fact that the consumption of tobacco and tobacco products has huge adverse impact on the health of the public at large and, particularly, the poor and weaker sections of the society which are the largest consumers of such products and that unrestricted advertisement of these produces will attract younger generation and innocent minds, who are not aware of grave and adverse consequences of consuming such products. (17.) LE ..... X X X X Extracts X X X X X X X X Extracts X X X X
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