Bombay High Court refuses to entertain PIL seeking FIR against celebrities for tobacco, gutka ads

The Bombay High Court on Wednesday refused to entertain a public interest litigation (PIL) seeking registration of first information report (FIR) against celebrities for advertisements promoting tobacco and gutkas [Yash Foundation v. Union of India & Ors].A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor observed that the petition was ‘bereft of any legal foundation’ and was nothing but a ‘publicity endeavour’.“This petition ostensibly filed in public interest does not contain any proper and appropriate pleadings; neither does it make proper prayers," the bench observed.It added that the petitioner was taking PIL proceedings casually by seeking registration of something which was not even an offence.The petitioner then sought permission to withdraw the plea which was allowed..The petitioner, non-government organization Yash Foundation, approached the High Court seeking registration of FIR under Sections 328 (administering poison) and 120B (criminal conspiracy) of the Indian Penal Code (IPC) along with provisions of the Food Safety and Standards of India Act (FSSI Act) against several entities including celebrities for ‘surrogate advertisements’ of tobacco and gutka.The petition also raised grievance over the inaction of the police authorities to lodge FIR..The bench was informed that advocate Rajesh Khobragade, appearing for the petitioner, had lodged a complaint with several police stations across Mumbai. However, the Court said that not a single act amounting to the offences seemed to have been committed by the respondents.“By impleading certain celebrities in different walks of life, Yash Foundation appears to be seeking publicity instead of taking the issue with some expected seriousness,” the Court remarked...After the Court made such observations, Khobragade requested for withdrawal of the petition, which the division bench allowed. The Court also remarked that if the NGO files a PIL in future, it should first do necessary homework before filing the matter..[Read order]