Delhi High Court Refuses To Entertain PIL Seeking To Prohibit Sale And Consumption Of Tobacco Near Temples

The Delhi High Court has recently refused to entertain a public interest litigation seeking to prohibit the sale and consumption of tobacco products near temples.

A division bench comprising of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela said that the authorities can take necessary action as per law if they find any violation.

“Needless to state that if the concerned authorities find any violation of the Cigarette and other Tobacco Product (Prohibition of Advertisement and Regulation of Trade and Commerce Act), 2003 or any rules made thereunder, the authorities are required to take the necessary action in accordance with law,” the Court said while disposing of the plea.

The PIL was moved by a temple pujari- Abhimanyu Sharma, who contended that it was necessary to prohibit sale of cigarettes and tobacco products near temples and other religious structures.

He also sought that directions be issued to ensure that persons dealing in tobacco products do not sell any other items.

The plea sought a direction on the authorities to take appropriate steps in the matter according to the Cigarette and other Tobacco Product (Prohibition of Advertisement and regulation of Trade and Commerce Act) 2003.

It further sought direction that appropriate steps be taken as per a letter written by the Union Ministry of Health and Family Welfare mandating the tobacco vendors to register with the municipal authority for a license to sell tobacco products and for not selling any non-tobacco products such as toffees, candies, chips, soft drinks etc.

Another direction was sought for maintaining the sanctity and purity of the worship place of the temples.

Title: MANDIR PUJARI SH ABHIMANYU SHARMA v. GOVT OF NCT OF DELHI & ORS

Citation: 2025 LiveLaw (Del) 71

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