Madras High Court has dismissed criminal proceedings against actor Dhanush and Aishwarya Rajinikanth for allegedly showing banners of the Tamil film ‘Velaiyilla Pattadhari’ carrying a picture of the lead actor prominently smoking a cigarette.
A private complaint was filed against Dhanush, Aishwarya, and a few others under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act of 2003.
The judge stated that the smoking scenes found on the posters of the 2014 movie would not attract offence under Section 5 of COTPA, which prohibits only producers, suppliers, and distributors of tobacco products from advertising them.
The judge said, ‘A penal statute has to be strictly construed since the consequence of an action taken under the statute will touch upon the life or personal liberty guaranteed under Article 21 of the Constitution.’
The judge added: ‘Courts cannot be swayed by emotions. If the facts do not constitute an offence, the court cannot try to expand the scope of the provision by considering the adverse impact that a tobacco or tobacco product can have on society and particularly the younger generation.’
‘The producers and the distributors in the present case were engaged in movie business and were not engaged in the business of cigarettes or other tobacco products. This vital distinction between what has been stated in the provision and what comes out of the allegations made in the complaint makes all the difference,’ the judge further said.
’In the light of the above discussions, the continuation of the criminal proceedings as against the accused persons will amount to an abuse of process of court, and hence, it requires interference of this court,’ the judge added and quashed the proceedings.
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