W.P.No.27692/2010 (GM-RES-PlLl
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1 , - I - W.P_N~.27692!2010 IN THE HIGH COURT OF KARNATAKA AT BAN GALORE DATED THIS THE 8 TH DAY OF FEBRUARY 2011 PRESENT THE HON'BLE MR. JUSTICE K.L.MANJUNATH AND THE HON'BLE MR. JUSTICE H.G.RAMESH W.P.No.27692/2010 (GM-RES-PlLl BETWEEN: THE INS'ITl1JTE OF' PUBLIC HeALTH #250, MASTE[~S COTTAGE 2 NIJ C MA[N,",ZNU C r::r(,ss G[RlNAGAR [ PliASE BANGALORE:" REPRt:SENTED BY ns FACULTY MEMBER DR UPENDI~ fvi. BH0JANI... Pf'::rrnONER (BY SMT..JAYNA KOTHAW.,\JWOCAl1;;) 1.. 1HE STATE GOvt~RNMENT OF KAHNATAKA HEALTH AND fam[ly WELFARE DEPARTMENT DIRECToRATE OF HEA[;n[ AND FAMILY 'vvet.fahe S~:RV[CES ANAND ({.<\O C[RCLE. BANGALORE HEPRESENTED BY [TS PRINC[PAL SECRETARY 2. '[1-[E UNION OF [NDIA DEPARTMENT OF COMMERCE M[N[STRY OF COMMERCE AND [NDUSTI{Y UDYOG BHAWAN
2 , NEW DELHI I REPRESENTED BY ITS CHIEF SECRETARY 2- W.P.No.27692/ 'Il-{E UNION OF INOlA MINISTRY OF HEAL'Il! AND FAMILY WELFARE NIRMAN BI-IAVAN. MAULANA A7..AO ROAD NEW DELHI ItO LOS Rf::PRESENTED BY ITS CHIEF SECRETARY 4. 'Il-IE: TOBACCO BOARD HAVING ITS HEADQUARTERS AT: G.T.ROAD. SRINIVASARAO -n'iota GUN-l1JR ANDHRA PRADESH REPRESENTED BY ITS CJ-IAI RMAi\J 5. '11-IE ITC HOYAL GARDENlA NO.1. RESIDENCY 20AD BAN GALORE REPRESENn::D BY 'ITS MANAGING DIRE.CTOR '" RESPONDENTS (BY SRI SANGAMESI-I G: PATH.. AGA FOR HI: SR.I S.KALYAN'BASAVAR:\J. ASG FOR R2 - R4; MIS DUA ASSOCIATES. ALNS. F()R R51 'n'lis W.P. IS FILF.D UNDER ARl1CLES 226 & 227 OF THE CO~STITUnON OF INOlA PRAYING TO DIRECT THE 4J'11 RESPONDENT TOBACCO BOARD 'ld WDliDRAW ALL FINANCIAL SPONSORSHIP OR ANY SPONSORSHIP OF A NON MONETAR'( NXilJRS. MADE TO 'Il-/E GTNF 2010 FROM 'me 4 TH - srll OCTOBER 2010 AT BAN GALORE Of{ IF ALREADY MADE. DlREl~T it TO OBTAIN A RUFUND OF THE SAID CUNTR~BlJIlON. THIS WP 'COMING ON FOR PRELIMINARY HEARING 'Il-IIS CAY. MAJUN1\TH J..!\tlADE 'Il-IE FOLLOWING
3 W.P.No.27ti!:J:lj201O ORDER This PIL petition is filed by the petitioner seeking se\'cral reliefs on t.he ground that respondents in utl~r violation of the Cigarettes and other Tobacco Products (prohibition of Advertisement and I~egulation of Trade ~'V. Commerce, Production, Supply & DisiributilJn) Art. 2003, (the 'Art' f<.w short). are sponsoring to the international tobacco promotion ('vent cajled the Global Tobacco Networking Forum 201C which wns p"oposed to be held between 4 t : 1 and 5 1h October 20 I 0 at Bangalore. By virtue of the interim order. tbf' petitioner was able to get all the relief!,; ex"cpt the prayers G to I. In the eircumstances, by thl'> orcle! elated we had dirt'cted the Assist.ant Solicitor General of India t.o the the counte" and to state as to whether prayers G to I can also be considered t,y the respolldents. Today. a detailed counter is filed. In the COllnter. the Union of India has.,t3ted that they will fohow and adhere to all the provisioll" 01' thl' aforesaid Act. and therefore. respondent No.3 submits that t he petition has become inrructuotl~.
4 -4 - W.P.No.27692/201O 2. We have pcll.lsed the statement of objections filed by the Union of India. In view or the siatenlent of objections filed. we are of the opinioll that even prayprs G to I have been complied with by the respondent~ since they have given an undertaking that they wi!! not uisobey any of the provisions of the aforesaid Act. In vicw of the ~ame. we arc' of the opinion that the present petition h ~ s become infruetuolls clue to ~ ubsf'quent den;lopment. 3. At this stage. tht: learned Counsel for the pdirioner has filed an aftirl?vit stating that the petitioner by wny or afndavit w,luld lik<-' to propose Code of Conduct for public olticial., to prevent Tobacco Industry's interference in developing and implementing public health policies ami programs reiatl'd to tobacco control. The ICcu:llcd Assistant Solicitor General submits that the proposal. f,fiven by the petitioner would be C'onsiden."d properly b) tht: UIlion of India while framing the Code of ('oneill.:.-t for public officials to prevent Tobacco Industry's interference in developing and implementin~ public health policies and programs related to t.obacco control.
5 5- W.P.No.27602/ The said submission is iaken on record. In view of the said submissioll, this writ petition is disposed of as the reliefs sought by thc petitioner has been compiiccl and would be complied by the respondents in accurdancc with the provisions of the aforesaid ikt. Sd/ JUDGE Sd/" JlJDGE Yn.
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