New Delhi: A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal also issued notice to the Delhi government and agencies concerned and asked them to inform it why the ban has not been imposed despite a circular in this regard.
"File your (the Delhi government and the agencies) counter affidavits with regard to the averments made in the writ petition and also produce all the records related to the issue," the bench said and fixed the matter for further hearing on 2 May.
During the brief hearing, the bench was also informed that the issue is subject matter before a single judge, who by way of an interim order, had restrained the Delhi government from taking any coercive action against the sellers and manufacturers of tobacco.
On this, the petitioner's counsel said the issue before the single judge pertains to tobacco and not chewable tobacco, so the court should hear it. The bench then directed the city government to produce before it all the relevant information and also file their affidavits in this regard.
The direction came on a public interest litigation (PIL) by an NGO, Fariyaad Foundation, which said that there was a Delhi government notification of 2015-2016 banning sale, supply and manufacture of 'gutka' and other chewable tobacco products, but it was not being strictly implemented.
It alleged that chewable tobacco products were still being sold by the manufacturers, but in two separate pouches — one containing pan masala and the other tobacco — to circumvent the notification. The NGO has also claimed that the authorities' alleged inaction showed their "callousness" and sought directions to the Delhi government and its food safety department to "strictly implement" the ban.
It has said that 'gutka' has carcinogenic compounds and was a major cause of cancer in the oral cavity. It has also said that pan masala was also harmful to health. Chewable tobacco like 'khaini', 'gutka' and 'zarda' were some of the major causes of deaths and diseases in India and account for nearly 0.9 million deaths every year, the plea has said.
It has sought formulation of a permanent policy banning the sale, supply and production of chewable tobacco products like 'gutka'.
Updated Date: Feb 13, 2017 16:27 PM