ITC Ltd, which has approached the Delhi High Court against the Centre's notification banning smoking in private offices, on Wednesday contended that the government has no power to take such a decision.

Senior Advocate Soli Sorabjee, appearing for the company contended that the Act under which the notification was issued has already been stayed by the Madras High Court.

"When the Act has already been stayed where is the question of framing rules under the law. The government need to have statutory power to frame rules. After the Madras High Court interim order staying the operation of the law, the government has no power under the law," he contended before a Bench headed by Justice Vikramjit Sen.

He submitted that the rule which bans smoking at work places is unjustified as it would include private offices like a lawyer's chamber and studio of an artist.

"Private office cannot be called a public place as these are not accessible to general public," he said while pleading that the government be directed not to take any coercive action against the company.

The Centre, however, opposed the plea saying that its petition challenging the Madras High Court order is to be heard by the Supreme Court on September 29. It submitted that ITC's petition be heard after the date.

The court then deferred the hearing of the case till September 30.

Besides ITC, two others petitioners, including Indian Hotels Association, have also moved separate pleas challenging the May 2008 notification issued by the Union Health Ministry.

... contd.