HC quashes ban on smoking scenes in films

New Delhi, Jan 23 (PTI) The Delhi High Court Friday
quashed the Indian government's notification banning smoking
scenes in films, saying it violated film-makers' fundamental
right of freedom of speech and expression.

"Director of films should not have multifarious
authorities breathing down their necks when indulging in
creative act," Justice Sanjay Kishan Kaul said striking down
the rules framed by the Centre in October 2006 for banning
on-screen smoking.

Justice Kaul passed the order as an umpire judge after a
division bench had earlier given a split verdict on the
petition of Bollywood Director Mahesh Bhatt challenging the
curbs imposed by the government.

A division bench of Justice Mukul Mudgal and Justice
Sanjiv Khanna had given a split verdict on the issue on
February 7 last year.

The two judges had different opinions on the
constitutional validity of a provision in the Cigarettes and
other Tobacco products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and
Distribution) Act 2003 which bans smoking scenes in films.

While Justice Mudgal held that the rules should be
quashed, Justice Khanna upheld their validity.

"I have held rules are valid in accordance with Section 5
of the Act," Justice Khanna had said.

"It is clear that the blanket ban on production of films
and television serials which show a smoking scene is a direct
encroachment on the creativity and free artistic expression of
the maker of such film or television serial guaranteed under
Article 19 (1)(a)," Justice Mudgal had said.

After failing to arrive at a consensus on the issue, the
bench referred the matter to the Chief Justice of the High
Court which appointed Justice Kaul as an umpire judge to
decide the constitutional validity of Central government's
action. PTI