The Delhi High Court has rejected a public interest litigation (PIL) seeking a ban on the sale and consumption of tobacco products near the Baba Balak Nath Mandir in Delhi. The petition, filed by Abhimanyu Sharma, the temple’s priest, argued that such sales violated the fundamental rights of devotees under Article 25 of the Constitution and disrupted the sanctity of the temple premises.
A Bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela refused to entertain the plea, stating, “We do not consider it apposite to issue any orders in this regard. Concerned authorities are to take necessary actions under the Tobacco Act.”
The petitioner had sought action against the sale of items such as beedis, cigarettes, gutka, paan, candies, and soft drinks within 10 meters of the temple premises. The petition argued that these activities degraded the atmosphere of the temple and hindered the worship of devotees.
Advocates Gurmukh Singh Arora and Rahul Mathatru, representing the petitioner, emphasized that the PIL aimed to preserve the sanctity and cleanliness of the temple. Despite these submissions, the court refrained from issuing any directions, emphasizing that enforcement of relevant provisions under the Cigarette and Other Tobacco Product (Prohibition of Advertisement and Regulation of Trade and Commerce) Act (COTPA) falls under the purview of the authorities.
Case: Mandir Pujari Sh Abhimanyu Sharma Vs Govt Of Nct Of Delhi & Ors. – Available on LAWFYI.IO
