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The appeal against the Karnataka High Court Judgement, stating that the packets of tobacco, including cigarettes must carry pictorial warning covering 85% of packeting space has been declined by the Supreme Court.
The bench constituting of Chief Justice Deepak Mishra and Justice SK Kaul asked the high court to hear the appeal against the judgement and also to upload its judgement on the website for the next hearing on January 8 of next year.
The Health Ministry on September 2014, issued the guidelines for the Tobacco products including Cigarette and made it mandatory for the companies to carry a statutory warning against smoking on the both sides of the cigarette packet with a picture of throat and mouth cancer, which should cover at least 85% of the cover.
The companies didn’t implemented it and then in May last year, the petition against it was filed by the Allahabad-based lawyer Umesh Narain Sharma. Many NGO’s and individuals questioned High Court Verdict.
The amendment rules passed in 2014 to mandate the Tobacco companies including cigarette to give statutory warning against smoking on both the sides of the packet and covering 85% of the packet, was struck down by the High Court on the ground that they violated the constitutional Norms.
The order said that:
“It is submitted at the Bar that the judgment delivered by the High Court of Karnataka at the Principal Bench at Bangalore in Writ Petition No.53876 of 2015 has not yet been uploaded and that is why the present petition has been filed without the judgment seeking interim direction”
The Bench said:
“Having heard learned counsel for the parties, we think it appropriate that the matter should be listed on Monday, the 08th January 2018. In the meanwhile, the High Court shall upload the judgment. The Registry of this Court is directed to communicate the same to the Registry of the High Court of Karnataka at Bangalore to do the needful in the matter. Needless to emphasize, we have not passed any interim order today as we do not have the benefit of reading the judgment of the High Court and that is no ground on the part of the respondents to advance a claim in equity.”
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