NEW DELHI: The Madras High Court's decision to invalidate a May 2018 notification that forbade the sale, production, and transportation of gutkha and other tobacco-based products in Tamil Nadu was quashing by the Supreme Court on April 25.
The Tamil Nadu government was represented by senior attorney Kapil Sibal and additional attorney general Amit Anand Tiwari. They argued before a court panel presided over by Justice K.M. Joseph that health is a state concern and cited a ruling from a high court to support the ban on the sale, production, and transportation of gutkha and other products containing tobacco.
Sibal stated that the public exchequer is burdened by health problems brought on by tobacco chewing and that the government has the right to protect its citizens' health.
The state government had contended that Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011, supports the Food Safety Commissioner's orders prohibiting the sale, production, and storage of gutkha and other tobacco products.
The high court's order from January 20 was suspended by the panel, which also included Justice B.V. Nagarathna, on the grounds that the state administration had sufficiently argued for the stay to be granted. The highest court permitted the manufacturers to contact the proper forum.
The Tamil Nadu government had filed a petition in March appealing a Madras High Court ruling that had invalidated the May 2018 notification, and the top court had requested a response.
The food safety commissioner, Jayavilas Tobacco Traders, and other parties were asked for comments by the highest court.
In its appeal, the state government argued that the high court erroneously determined that the Food Safety Commissioner did not have the authority to issue notifications under Regulation 2.3.4 of the 2011 laws banning gutkha and pan masala in the state.
The high court had stated that the Food Safety Commissioner would be granting an authority not granted by the law if he issued repeated notifications putting a permanent ban on cigarette products.
