G. Rohini, C.J:— The petitioner, a practicing advocate, filed this petition as a Public Interest Litigation seeking a direction to remove a shop situated in the premises of High Court of Delhi which is engaged in selling cigarettes.
2. It is pleaded that near Gate No. 7 of the Delhi High Court, there are 15 shops in a row amongst which Shop No. H is a cigarette/tobacco selling shop. It is alleged that the location of the said shop in the High Court premises has led to litigants, advocates, court staff and other people visiting the court to passive smoking and it has also been resulting in people smoking in the small area of glass canteen itself covering the whole area with smoke.
3. It is contended that permitting and allowing the said shop to run inside the court premises is in violation of Section 4 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short ‘the 2003 Act’) as well as Rule 3 of the Prohibition of Smoking in Public Places Rules, 2008 (for short ‘the 2008 Rules’) made thereunder.
4. We have heard the petitioner appearing in person as well as Mr. Jayant K. Mehta, the learned counsel appearing for the respondents.
5. The Respondent No. 1 filed a counter affidavit bringing to the notice of this Court that the shop in question was allotted on licence basis long back in the year 2000 before coming into force of the 2003 Act. It is also stated that the renewed licence in respect of the said shop is valid upto 31.12.2018
6. We have perused the relevant statutory provisions. Section 4 of the 2003 Act expressly prohibits smoking in any public place. Section 7 imposes restrictions on trade and commerce in and production, supply and distribution of cigarettes and other tobacco products. Further, Rule 3 of the 2008 Rules provides that the owner, proprietor, manager, supervisor or in-charge of the affairs of a public place shall ensure that no person smokes in the public place under his jurisdiction.
7. The expressions ‘public place’, ‘sale’, ‘smoking’ and ‘tobacco products’ have been defined in the 2003 Act as under:
“(l) “public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space;
(m) “sale”, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale;
(n) “smoking”, means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments;
(p) “tobacco products” means the products specified in the Schedule.’
8. In the light of the above-noticed statutory provisions, it appears to us that though there is no absolute bar as such for locating a cigarette selling shop in the premises, it is necessary to ensure that the requirements of subsection (2) of section 7 are satisfied. Necessary steps are also required to be taken to enforce the provisions of Rule 3 of the 2008 Rules in the High Court premises.
9. We accordingly direct the Registrar General to place a copy of this order before the Chamber Allotment Committee of Delhi High Court so as to enable the Committee to look into the issue whether Shop No. H which is granted the licence for running a Pan and Beedi can be allowed to continue in the High Court premises.
10. Since the petition needs further consideration, released from the reserved matters. Be listed on 05.07.2017 by which date the Registrar General shall file an affidavit explaining the steps taken on the above mentioned issue.
11. The Registrar General shall also apprise to this Court the steps, if any, taken for compliance of Rule 3 of the 2008 Rules in the High Court.
12. Re-notify on 05.07.2017