Rahul Joshi filed a contempt petition citing willful disobedience of the Rajasthan High Court's July 2015 order staying the Government's rules holding in abeyance the implementation of the 2014 pack warnings. The court noted that its July order had the effect of the immediate implementation of the 2014 pack warnings and held that Mr. Joshi's contempt petition will be tagged with a future hearing on the merits of the writ petition.
Rahul Joshi v. Union of India & Ors., WP No. 8680/2015, High Court of Judicature at Rajasthan, Jaipur Bench, 2015.
India
Jul 28, 2015
High Court of Judicature for Rajasthan, Jaipur Bench
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
Substantive Issues
None
Type of Tobacco Product
None
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"It is submitted that the interim order passed by this court on 03.07.2015, has not been complied with by the respondents. As a result of the interim order, the Cigarette and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014, have immediately come into force. Despite interim orders, the cigarette manufacturing companies are still selling the cigarettes in the package, with the specified health warning in less than 85% of the principal display area of the package.
It is submitted that the interim order passed by this Court is neither ambiguous, nor requires any order for its enforcement, inasmuch as the orders/directions under Article 226 of the Constitution of India, do not require any execution. A writ of mandamus, even if it is interim in nature, must be complied with by all concerned."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Rahul Joshi filed a contempt petition citing willful disobedience of the Rajasthan High Court's July 2015 order staying the Government's rules holding in abeyance the implementation of the 2014 pack warnings. The court noted that its July order had the effect of the immediate implementation of the 2014 pack warnings and held that Mr. Joshi's contempt petition will be tagged with a future hearing on the merits of the writ petition.