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Centre has no power to ban smoking in pvt office, HC told

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    The Counsel appearing for the association contended that under the present notification it would be difficult for them to organise candle-light dinners as the rule prohibits placing candles and match-boxes in public places.

    "I would not be able to organise candle-night dinner. I cannot even place match boxes in the our premises in case of power break down," Senior Advocate Sandeep Sethi appearing for the association said.

    It was also contended by the petitioners that under the present rule any private person can detain someone who smokes in offices and place him before a magistrate.

    "This amounts to giving police power to private person to detain smokers. Under the law even a peon can detain the head of office and produce him before the Magistrate," Sethi contended.

    The notification which would come into force on October 2, prohibits smoking in public places, which include private offices.

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    Under the curbs, those caught smoking in public places and other private organisations will be fined Rs 200 which may increase to Rs 1,000.

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    SmokingBy: Harish | 25-Sep-2008 Reply | Forward I agree that there is no basis for case. Offices are public places as others enter that offices as well. I cannot undertsand why hotels would want smoking allowed.Hotel rooms stink and are totally unhaelthy.Govt and court show courage and have this dismissed
    HC to hear ITC petition on smoking banBy: Shridhara rao | 24-Sep-2008 Reply | Forward On what basis is ITC going to fight their case? Smoking in closed surroundings should never be allowed and government should be very strict in enforcing the ban and likewise selling cigarettes to minors must be made punishable (with fines and imprisonment also). ITC must be thanking it's stars that it is still able to sell cigarettes and make money. Because if people really cared for their health, no one will be smoking soon.
    The 'Basis'By: Suman | 24-Sep-2008 Reply | Forward Better than anybody else explaining the BASIS, the Supreme court will soon expain to you the BASIS. As long as the companies/offices have separate smoking areas or rooms which have effective systems to clear the air of the harmful gases (just like in western countries), the companies have all the right to allow smoking in those separate designated smoking areas. In homes in western countries, if non-smokers dont like it and often voluntarily on their own, smokers go out to the balcony or to the garden to smoke. Smoking is not allowed in public places like railway stations, bus stops, street etc because others do inhale a smoker's secondary smoke. Dictats like Anbumani's before being implemented require scientific study or we should copy effective systems from the developed countries because they have already studied it and implemented their scientifically effective systems. Anbumani is not a real doctor and he is not an angel, for people who know his background. His move is a political stunt to create an issue to raise his party's and his own image. We cant force our subjective views on everybody, it is smokers's/drinkers's right to smoke or drink as long as they dont affect the health of non-smokers including teetotalers like me.
    basisBy: test | 24-Sep-2008 Reply | Forward Anbumani is a real MBBS doctor. He studied medicine at Madras Medical College and practied for 3 years before plunging into politics.
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