SC stays Madras HC order quashing ban on gutka, tobacco products in TN
The Supreme Court on Tuesday stayed a Madras high court order in January that set aside the ban on the sale of gutka and pan masala in Tamil Nadu on the state government’s appeal.
Deciding the appeal filed by the state government against the high court’s January 20 verdict, the bench of justices KM Joseph and BV Nagarathna said, “The petitioner (state) has made out a case for stay of the judgment.”
The notification imposing a ban across the state on sale of pan masala and gutka was issued by the Commissioner of Food Safety on account of the dangers posed to public health. The tobacco traders and manufacturers opposed the state’s plea stating that the state government did not have the power to issue a permanent ban as such power was available only with the Parliament. Senior advocate Abhishek Manu Singhvi appearing for the tobacco traders said, “Ban is not the answer. You may prosecute for food standards.”
But the state government, represented by senior advocate Kapil Sibal, pointed out that the government had a duty to act in the public interest and not in private interest when it comes to the health of citizens. “We are protecting people from disastrous consequences of having food article that results in cancer. It is government’s duty to protect people from its dangers,” he said.