Delhi High Court
Vijay Chandra Jha vs Delhi High Court Through ... on 11 April, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10112/2015, CM APPL No.6930/2016
VIJAY CHANDRA JHA .....Petitioner
Through: Petitioner-in-person
Versus
DELHI HIGH COURT THROUGH
REGISTRAR GENERAL & ANR. ...Respondents
Through: Mr. Jayant K. Mehta and
Ms.Sureni Bhagat, Advs. for DHC
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
ORDER
11.04.2017
: MS. G. ROHINI, CHIEF JUSTICE
1. The petitioner, a practicing advocate, filed this petition as a Public
Interest Litigation seeking a direction to remove a shop situated in the
premises of High Court of Delhi which is engaged in selling cigarettes.
2. It is pleaded that near Gate No.7 of the Delhi High Court, there are 15
shops in a row amongst which Shop No. H is a cigarette/tobacco selling
shop. It is alleged that the location of the said shop in the High Court
premises has led to litigants, advocates, court staff and other people visiting
the court to passive smoking and it has also been resulting in people
smoking in the small area of glass canteen itself covering the whole area
with smoke.
3. It is contended that permitting and allowing the said shop to run inside
the court premises is in violation of Section 4 of the Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution) Act, 2003 (for short
'the 2003 Act') as well as Rule 3 of the Prohibition of Smoking in Public
Places Rules, 2008 (for short 'the 2008 Rules') made thereunder.
4. We have heard the petitioner appearing in person as well as Mr.
Jayant K. Mehta, the learned counsel appearing for the respondents.
5. The Respondent No.1 filed a counter affidavit bringing to the notice
of this Court that the shop in question was allotted on licence basis long
back in the year 2000 before coming into force of the 2003 Act. It is also
stated that the renewed licence in respect of the said shop is valid upto
31.12.2018.
6. We have perused the relevant statutory provisions. Section 4 of the
2003 Act expressly prohibits smoking in any public place. Section 7
imposes restrictions on trade and commerce in and production, supply and
distribution of cigarettes and other tobacco products. Further, Rule 3 of the
2008 Rules provides that the owner, proprietor, manager, supervisor or in-
charge of the affairs of a public place shall ensure that no person smokes in
the public place under his jurisdiction.
7. The expressions 'public place', 'sale', 'smoking' and 'tobacco products'
have been defined in the 2003 Act as under:
"(l) "public place" means any place to which the public
have access, whether as of right or not, and includes
auditorium, hospital buildings, railway waiting room,
amusement centres, restaurants, public offices, court
buildings, educational institutions, libraries, public
conveyances and the like which are visited by general
public but does not include any open space;
(m) "sale", with its grammatical variations and cognate
expressions, means any transfer of property in goods by
one person to another, whether for cash or on credit, or
by way of exchange, and whether wholesale or retail, and
includes an agreement for sale, and offer for sale and
exposure for sale;
(n) "smoking", means smoking of tobacco in any form
whether in the form of cigarette, cigar, beedis or
otherwise with the aid of a pipe, wrapper or any other
instruments;
(p) "tobacco products" means the products specified in
the Schedule.'
8. In the light of the above-noticed statutory provisions, it appears to us
that though there is no absolute bar as such for locating a cigarette selling
shop in the premises, it is necessary to ensure that the requirements of sub-
section (2) of Section 7 are satisfied. Necessary steps are also required to be
taken to enforce the provisions of Rule 3 of the 2008 Rules in the High
Court premises.
9. We accordingly direct the Registrar General to place a copy of this
order before the Chamber Allotment Committee of Delhi High Court so as
to enable the Committee to look into the issue whether Shop No. H which is
granted the licence for running a Pan and Beedi can be allowed to continue
in the High Court premises.
10. Since the petition needs further consideration, released from the
reserved matters. Be listed on 05.07.2017 by which date the Registrar
General shall file an affidavit explaining the steps taken on the above
mentioned issue.
11. The Registrar General shall also apprise to this Court the steps, if any,
taken for compliance of Rule 3 of the 2008 Rules in the High Court.
12. Re-notify on 05.07.2017.
CHIEF JUSTICE
SANGITA DHINGRA SEHGAL, J
APRIL 11, 2017
pk
