With the October 2 deadline for implementation of smoking ban at public places drawing closer, the Centre on Friday sought the SC’s intervention in ensuring that the ban was effective from the said date. Additional Solicitor General Gopal Subramaniam submitted that various companies, similar to a petition filed in the Delhi HC this week, are trying to prevent the ban from being enforced. The Bench headed by Chief Justice K G Balakrishnan has posted the petition for September 29, when other petitions seeking transfer are also listed for hearing. The ASG pleaded to the Bench to transfer to itself the entire petition against the anti-smoking order so that the government was not prevented from implementing the order. Referring to earlier petitions filed by various tobacco manufacturing companies and associations challenging the packaging and labelling rules related to pictorial warnings, the ASG said the apex court had earlier stayed proceedings before various high courts.Fresh writ petitions were still being filed in several high courts, seeking to block the implementation of the Act and the Rules, the application stated, adding that four petitions, including one each by ITC and Indian Hotels Association, had been filed in the Delhi HC. The petitions have sought a stay on the May notification, relying heavily on the ex parte stay order passed by the Madras High Court.While stating that the rule that bans smoking at work places was unjustified as it would include private offices as well, the petitioners alleged that under the present rules any person could detain someone who smokes in office and place him before a magistrate.
