NARENDRA SINGH DHADDHA J. - (1.) The writ petitioner in the public interest litigation has approached this Court with the prayer to direct the Municipal Corporation, Jaipur to strictly enforce and also incorporate the conditions mentioned in the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short-'COTPA, 2003') and the Prohibition of Smoking in Public Places Rules, 2008 (for short-'the Rules of 2008') in their licence with a warning that breach of any of those provisions shall entail cancellation of the licence. Other petitioners have approached this Court alleging harassment by police in the name of enforcement of aforementioned laws.
(2.) Since the public interest litigation was laid before the division bench, the writ petitions, which were filed before the Single Bench, were ordered to be clubbed therewith. This is how all the matters are listed before the Division Bench today.
(3.) The learned Single Judge of this Court, while issuing notice, in the writ petitions nos.11534/19, 11605/19, 11811/19 and 11817/19 to the respondents, passed the interim order in the following terms: "In the meanwhile and till the next date, respondents are restrained from taking any coercive step against the petitioner provided the petitioner did not violate any of the provisions of the Act and Rules involved herein" Shri Kritesh Oswal, learned counsel for the petitioner in the public interest litigation has argued that all the hotels/restaurants/food joints should strictly adhere to the provisions of the COTPA, 2003 and Rules of 2008. He has argued since a hookah also serves a tobacco product to its users, it is covered by "any other tobacco product" referred to in sub-section (5) of Section 7 of the COTPA, 2003. As per the provisions of Section 7(5) of the COTPA, 2003, it is required to be displayed on the hookah, which essentially contains the tobacco products that it contains nicotine and tar contents along with maximum permissible limits thereof and should ensure that such contents should not exceed the maximum permissible quantity thereof as may be prescribed by the Rules of 2008. Learned counsel argued that the Licensing Authority under the Food Safety and Standard Act, 2006 should be required to incorporate the condition in the licence issued to all such establishments that they shall strictly follow the provisions of COTPA, 2003 and Rules of 2008. In this connection, he has relied on the judgement of Delhi High Court in World Lung Foundation-South Asia vs. New Delhi Municipal Council and Ors., W.P.(C)4579/2012 and CM No.9509/2012 dated 3 rd December, 2012. ;