'Misleading' Gutka Ads | 'Notices Issued To Shah Rukh Khan, Akshay Kumar & Ajay Devgn': UOI To Allahabad HC In Contempt Case

The Union of India has informed the Allahabad High Court that the Central Consumer Protection Authority (CCPA) has issued notices to Bollywood actors Shah Rukh Khan, Akshay Kumar and Ajay Devgan over surrogate Gutkha advertising.

The submission was made before a bench of Justice Rajesh Singh Chauhan in response to a contempt plea filed over non-compliance with the High Court's September 2022 order in a PIL Plea directing the central government authorities to attend to the grievance raised concerning the participation of certain Padma awardees in 'misleading' Gutka advertisement.

For context, HC's September 2022 order was passed in a PIL plea filed by the petitioner-in-person Moti Lal Yadav (Advocate) praying for a direction to the Central Consumer Protection Authority of India, to take appropriate action against the private respondents (including Pan Masala Companies and Bollywood actors Amitabh Bachchan, Shahrukh Khan, Akshay Kumar, Ajay Devgan) by imposing penalty as per the provisions contained in Section 21 (2) of the Act, 2019.

In the contempt petition, it was alleged by the Petitioner that though, he approached the Cabinet Secretary, Government of India on October 15, 2022, in compliance with the direction of the HC, the Central Consumer Protection Authority did not decide on his representation.

In August this year, the High Court issued a notice in the matter to Cabinet Secretary Rajiv Gauba and Secretary, Central Consumer Protection Authority (CCPA) Nidhi Khare seeking their responses.

On Friday, during the hearing in the matter, the Deputy Solicitor General of India SB Pandey informed the court that a special bench needs to be constituted by the Chief Justice of the Supreme Court to address similar issues and the matter is likely to be adjudicated by the Apex Court.

In view of this submission, he further requested the Court to defer the proceedings in the present contempt petition. Additionally, he mentioned that notices have been sent to Padma recipients by the Central Consumer Protection Authority including Shah Rukh Khan, Ajay Devgan and Akshay Kumar.

He also apprised the bench that Bollywood actor, Amitabh Bachchan, one of the Padma recipients and respondents in the contempt plea, has issued a legal notice to a 'Pan Masala Brand' for featuring him in advertisements despite discontinuation of the contract.

Lastly, it was also submitted that all appropriate and requisite exercises have been undertaken and after the order, if any, being passed by the Apex Court appropriate action shall be taken in terms of that order and appropriate orders may also be passed accordingly.

Here it may be noted that the HC has already been informed by the Union of India that the CCPA has issued notices to the Pan Masala companies including Vimal Pan Masala, Kamla Pasand and Pan Bahar for surrogate advertising.

Having considered the submissions of the Deputy Solicitor General of India and the stand of the petitioner-advocate Moti Lal Yadav that he is only concerned that proper guidelines should be formulated in the matter and therefore, he has no objection if the contempt proceedings are deferred for some time, the Court deferred the hearing of the contempt petition for five months and posted the matter for hearing on May 9, 2024.

Consequently, the Court directed that on the next date, the legal representatives of the Union of India and the petitioner-advocate will update the court on the current status of any proceedings before the Supreme Court.

The Court further ordered them to provide information about any actions taken in compliance with the orders already issued by the Apex Court, as these orders have been deliberated by the Division Bench of the HC in connection with the petitioner's Public Interest Litigation (PIL).

This contempt petition may be decided finally after coming to know the aforesaid development, if any, and also in terms of the order of the Apex Court, if any, the Court added.

Case title - Moti Lal Yadav vs. Sri Rajiv Gowba, Cabinet Secy. Central Secrtt. Govt. Of India, New Delhi And Another [CONTEMPT APPLICATION (CIVIL) No. - 2833 of 2023]

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