Padma Awardees In 'Misleading' Gutka Ads | ‘Notices Issued To Pan Masala Companies': UOI Informs Allahabad HC In Contempt Case

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 Monday, Senior Advocate and Deputy Solicitor General of India SB Pandey, appearing for the Central Government informed the Court that the representation of the Petitioner had been disposed of on September 15, 2023, and notices have also been issued to Pan Masala companies and hence, the Court’s September 2022 had been complied,

Dy. SGI also submitted that the Cabinet Secretary, Government of India (Rajiv Gauba) may not be impleaded as the opposite party/contemnor in the contempt petition.

Though agreeing to delete opposite party no.1 (Mr Gauba) from the array of the opposite parties, the petitioner (Yadav) that substantial compliance of the Allahabad HC’s order had not been done.

Yadav also submitted that the authorities concerned have not informed the Court as to what action has been taken against those persons, who have breached the guidelines so issued for awarding the decoration of 'Padma Bhushan' and 'Padma Shri'.

He further contended that even if the notices have been issued to some Pan Masala Companies, it would not serve the purpose in terms of the concern of the writ court.

Against this backdrop, the Court allowed him to file a reply/objection to the affidavit of compliance filed by the Central Government and posted the matter for further hearing on November 29 within the top ten cases.

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

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