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Rediff.com  » News » Mahesh Bhatt moves Delhi HC against on-screen smoking ban

Mahesh Bhatt moves Delhi HC against on-screen smoking ban

Source: PTI
September 26, 2005 12:47 IST
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Noted film personality Mahesh Bhatt on Monday moved the Delhi High Court challenging the central government's May 31 notification banning smoking on screen.

In a petition filed through advocate Pankaj Monga, Bhatt sought quashing of the notification under the Cigaratte and Other Tobacco Products (Prohibition of Advertisemnt 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.

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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 advertisemnt and regulation of trade, commerce, sale and distribution and not films and other creative
expressions.

The day art went up in smoke

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 2.

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