Lawyer Tenders Apology For Filing PIL To Ban Anti-Tobacco Imagery In Ads, Delhi High Court Expunges Single Judge's Remarks

The Delhi High Court has expunged the remarks made by a single judge against a lawyer while dismissing his PIL seeking prohibition on the display of anti-tobacco advertisements containing “graphic or gross images” during films in cinemas, TV or OTT platforms.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna last week accepted the unconditional apology tendered by the lawyer who said that his endeavour was never to promote or support consumption of tobacco in any manner and that he is himself against use of tobacco in any form.

A single judge in September had dismissed the PIL, terming it “gross misuse of process of law”, following which the lawyer approached the division bench in appeal.

Pursuant to court's order, the lawyer filed an affidavit and offered his unconditional apologies for filing the appeal as well as the writ petition before the single judge, adding that the same wasn't filed with any malafide intentions.

“In view of the aforesaid unconditional apology, which is accepted by this Court, the observations made by the learned Single Judge in paragraphs 12 and 16 are expunged and the present appeal along with Caveat as well as pending applications is dismissed as not pressed,” the court said.

During the hearing, the bench said that PIL is an important weapon which cannot be used for “wrong purposes.”

“Our intend was only for (his) course correction….Please understand. PIL is a very important weapon. It has to be used for good cause. Good cause meaning, it has to be used for poor people, people who don't know about their rights….Remember that,” the court said.

On December 05, the court had orally said that the lawyer needs a “course correction” and that what is being shown in the advertisements is “actual reality.” It had then asked the advocate to file an affidavit giving his apology.

While dismissing the PIL, a single judge bench of Justice Subramonium Prasad observed that the graphic description given in the Government issued advertisements are meant to be “eye-openers for the people” to not use tobacco and tobacco products and therefore, is in public interest.

Calling the plea a gross misuse of process of law, the court had dismissed the petition in September and said that it was restraining itself from making any comments on the lawyer which might have a bearing on his future.

Title: DIVYAM AGGARWAL v. UNION OF INDIA & ANR.

Citation: 2023 LiveLaw (Del) 1264

Click Here To Read Order