Srinagar: The J&K High Court on Friday asked the government to
ensure that ‘gutkha’ or any other chewing products containing tobacco
and nicotine as ingredients is “not found anywhere in Jammu and
Kashmir.”
In this regard, a division bench of the court comprising Justices Mohammad Yaqoob Mir and Janak Raj Kotwal directed all the concerned government functionaries including police and “more particularly authorities under Food Safety and Standards Act, 2006,” to ensure the implementation of government notification which was issued on 6 March last.
As per the notification which was taken on record by court, manufacture, storage, sale, transportation, display or distribution of Gutkha by whatever name has been banned.
With the directions, the court closed the proceedings of the Public Interest Litigation filed by an NGO (J&K Voluntary Health and Development Association). However, the bench said petitioner (NGO) reserves the right to re-agitate in case the ban was not imposed entirely.
The PIL had sought directions from the High Court for implementation of the Regulation 2,3,4 of the Food Safety and Standards Authority of India Regulations, banning the manufacture, storage, sale and distribution of ‘gutkha’, ‘pan masala’ and all other forms of chewing tobacco containing tobacco and nicotine as ingredients, by whatsoever name it is available in the market.
Earlier, in his submission, the counsel for petitioner’s Sajjad A Geelani said that the notification has not been implemented in its letter and spirit.
Considering the health hazards of these smokeless chewable tobacco products, 21 states in India which includes New Delhi resorted to the provisions of FSSAI and banned the ‘gutkha’.
The respondents in the PIL were represented by Additional Advocate General J A Kawoosa, S A Makroo Additional Solicitor General, advocate B A Khan and advocate T H Khawaja.
In this regard, a division bench of the court comprising Justices Mohammad Yaqoob Mir and Janak Raj Kotwal directed all the concerned government functionaries including police and “more particularly authorities under Food Safety and Standards Act, 2006,” to ensure the implementation of government notification which was issued on 6 March last.
As per the notification which was taken on record by court, manufacture, storage, sale, transportation, display or distribution of Gutkha by whatever name has been banned.
With the directions, the court closed the proceedings of the Public Interest Litigation filed by an NGO (J&K Voluntary Health and Development Association). However, the bench said petitioner (NGO) reserves the right to re-agitate in case the ban was not imposed entirely.
The PIL had sought directions from the High Court for implementation of the Regulation 2,3,4 of the Food Safety and Standards Authority of India Regulations, banning the manufacture, storage, sale and distribution of ‘gutkha’, ‘pan masala’ and all other forms of chewing tobacco containing tobacco and nicotine as ingredients, by whatsoever name it is available in the market.
Earlier, in his submission, the counsel for petitioner’s Sajjad A Geelani said that the notification has not been implemented in its letter and spirit.
Considering the health hazards of these smokeless chewable tobacco products, 21 states in India which includes New Delhi resorted to the provisions of FSSAI and banned the ‘gutkha’.
The respondents in the PIL were represented by Additional Advocate General J A Kawoosa, S A Makroo Additional Solicitor General, advocate B A Khan and advocate T H Khawaja.
High Court directs govt to ensure implementation
BAN ON GUTKHA
Srinagar, Apr 5: The Jammu and Kashmir High Court on Friday directed the government to ensure implementation of the notification under which it has banned manufacture, sale, storage and distribution of Gutkha, pan masala and other forms of chewing tobacco containing nicotine in the state.A division bench of High Court comprising Justice Muhammad Yaqoob Mir and Justice Muzaffar Hussain Attar passed the direction after Additional Advocate General, J A Kawoosa representing the government submitted that the Chief Secretary has filed an affidavit stating compliance of the court direction on ban of Gutkha.
Disposing of the petition, the court held that following the issuance of government notification, there should be complete ban on manufacture, transportation, display of Gutkha and it should not be found anywhere in the state.
Counsel for the petitioners, Sajad Ahmad Geelani submitted that the notification under which ban has been imposed on Gutkha was not being implemented in letter and spirit in the state.
In its affidavit, the Chief Secretary has stated that a notification has been issued vide SRO- 68 on March 6, 2013 in keeping with Food Safety and Standards Act, 2006 under which manufacture, storage sale and transportation of Gutkha has been banned with immediate effect in the state.
Seeing no justification in the government’s response that it was waiting for the Finance Department’s nod to ban the manufacturing and use of the items, the Court had directed the Chief Secretary to take necessary steps to impose ban on use of said items.
A Public Interest Litigation filed by Jammu and Kashmir Voluntary Health and Development Association through its counsel was seeking ban on the tobacco products in accordance with Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 2011 in the interest of public health. According to the PIL, the smokeless form of tobacco contains deadly chemicals which are major causes of mouth as well as throat cancer.
The PIL stated that the products contain nicotine, as delineated under new regulations notified by Food Safety and Standards Authority of India (FSSAI).
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