New Delhi, Dec 5 (PTI): On Friday, the Supreme Court rejected a plea seeking to ban the sale, circulation, and display of Arundhati Roy's book, 'Mother Mary Comes to Me'. The petition aimed to halt the book’s distribution due to its cover depicting Roy smoking a 'bidi' or cigarette, arguing it contravened legal provisions.
A bench, including Chief Justice Surya Kant and Justice Joymalya Bagchi, dismissed the appeal by Rajasimhan against a Kerala High Court order that had previously dismissed a public interest litigation (PIL) regarding the matter.
The CJI remarked that Arundhati Roy is a distinguished author who has not promoted smoking. The book includes a warning, and there are no city hoardings featuring the book’s cover. He stated, "Why do such a thing for publicity? The cover does not promote any such act; it is for those who choose to read the book."
The bench further noted that neither the author nor the publisher, Penguin Hamish Hamilton, has breached Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. This section prohibits various forms of tobacco product promotion but allows specific health warnings.
"We find no reason to interfere with the High Court's decision," the CJI stated.
In response, the petitioner’s counsel highlighted uncertainty about whether a 'ganja beedi' or a 'normal beedi' was depicted and criticized the disclaimer's size. However, the court emphasized that the book, its publisher, and the author are not involved in cigarette advertising. "This is not an advertisement. You may disagree with the author's views, but such disagreement does not warrant such a case," the CJI concluded.
'Mother Mary Comes to Me' is a memoir by Arundhati Roy.
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