Delhi High Court Rebukes Lawyer Over Anti-Tobacco Warning Petition; Directs to Submit Affidavit of Regret

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Synopsis

Court directed the lawyer to submit an affidavit of regret within two days

The Delhi High Court took a stern stance on Tuesday, reprimanding a lawyer who had filed a petition against the display of anti-tobacco warning messages during movies and TV shows.

The bench, consisting of Acting Chief Justice Manmohan and Justice Mini Pushkarna, directed the lawyer to submit an affidavit of regret within two days.

The court explicitly instructed the lawyer to express regret for the petition, stating, "He must give an affidavit of regret for what has happened, and then we will expunge these observations. Absolute regret is needed in this matter, nothing less than that."

The court, hearing the lawyer's appeal against observations made by a single judge who had previously dismissed the petition, affirmed complete agreement with the single judge, deeming the petition utterly misconceived.

"This man needs a course correction. What the learned single judge has said, it is absolutely correct. The petition should have never been filed," remarked Justice Manmohan.

The single judge, during the initial dismissal, had suggested that the petition appeared to be supported by the tobacco industry lobby, aiming to impede government efforts to raise awareness against tobacco.

While cautioning the lawyer against frivolous petitions, Justice Subramonium Prasad had refrained from making comments that might impact the advocate's future.

Today, the division bench reiterated that the petition seemed designed to benefit the tobacco industry. The appellant's counsel contested this interpretation, to which the court responded, "Let’s attribute some IQ to everyone. Let’s not be under the misconception that the other person doesn’t understand anything."

Emphasizing the seriousness of the matter, the court expressed concerns about the spread of cancer and the importance of making people aware. Justice Manmohan remarked, "And what they are showing is actual reality."

Upon the appellant's counsel indicating a willingness to file an affidavit of regret, the court scheduled further consideration of the matter for December 7, underscoring the need for a course correction and cautioning against misuse of public interest litigation.

Case Title: Divyam Aggarwal V. Union Of India & Anr