The Madras High Court has dismissed criminal proceedings initiated against Tamil star Dhanush and Aishwarya Rajinikanth. The case, pending before a magistrate court in the city, involved allegations that the movie posters of "Velaiyilla Pattadhari" prominently displayed Dhanush smoking a cigarette, violating the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act (COTPA).
Justice N. Anand Venkatesh allowed the petitions filed by Dhanush, Aishwarya, and three others, citing that the specific act of displaying the lead actor smoking a cigarette did not fall within the purview of Section 5 of the COTPA. The judge emphasized that the display was not carried out by individuals involved in the production, supply, or distribution of tobacco products, nor was the actor promoting such products.
The court emphasized the need for a strict interpretation of penal statutes, considering their potential impact on guaranteed life and personal liberty under Article 21 of the Indian Constitution. Justice Venkatesh stated that the court should not be swayed by emotions or popular beliefs but should strictly analyse whether the facts of the case constitute an offence. In this context, the judge clarified that the complaint filed against the actors presumed that the producers and distributors of the movie were engaged in erecting banners and posters featuring the actor smoking, leading to a violation of Section 5 of the COTPA.
The court underlined a vital distinction between the provision and the allegations made in the complaint, emphasizing that the producers and distributors were involved in the movie business, not the tobacco industry. This distinction was crucial in determining that the criminal proceedings against the accused individuals would amount to an abuse of the court's process.
The ruling considered the nature of the allegations and the intention behind the COTPA. It also addressed the reliance placed on notifications issued by the Ministry of Health and Family Welfare, which introduced rules prohibiting the depiction of tobacco products in promotional materials and film posters. However, the court clarified that the criminal complaint focused specifically on the violation of Section 5 of the COTPA and not the rules, emphasizing that the rules cannot override or outweigh the provisions of the Act.
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Picture Source : https://commons.wikimedia.org/wiki/File:Dhanush_at_the_Filmfare_Awards_South_2017_Press_Meet.jpg
