Madras High Court quashes case against Dhanush for 2014 film poster showing him smoking
Chennai, July 10: The Madras high court on Monday quashed the criminal proceedings against popular film star Dhanush and Aishwarya Rajinikanth that was pending before a magistrate court in the city, for allegedly showing banners of the Tamil film Velaiyilla Pattadhari, carrying a picture of Dhanush prominently smoking a cigarette.
Justice N Anand Venkatesh allowed the petitions filed by Dhanush, Aiswarya and 3 others. Originally, on a private complaint filed by one S Cyril Alexander, the proceedings were initiated against Dhanush and Aishwarya.
In his order, the judge said in the instant case, the only allegation that has been made in the complaint is that the advertisement banners of the movie were found to carry the picture of the lead actor prominently smoking a cigarette.
This act, per se, cannot be brought within the purview of Section 5 of the Cigarettes and other Tobacco products (prohibition of Advertisement and Regulation of Trade and Commerce, production, supply and distribution) Act (COPTA) since the display was not done by persons engaged in the production, supply or distribution of cigarettes or any other tobacco products, the judge said.
The person who is depicted as smoking cigarette was not under any contract with the entity or the person engaged in production, supply or distribution of cigarettes or any other tobacco products nor he was promoting their product, the judge added.
The judge said a penal statute has to be strictly construed since the consequence of an action taken under the statute will touch upon the life or personal liberty guaranteed under Article 21 of the Constitution of India.
"Hence, this court cannot be swayed by emotions and popular beliefs and the court has to necessarily construe the provisions strictly and see if the facts of the case make out an offence. If the facts do not constitute an offence, the court cannot try to expand the scope of the provision by considering the adverse impact that a tobacco or tobacco product can have on the society and particularly the younger generation," the judge added.
The judge said the complainant seemed to have been under the impression that since the producers and the distributors of the movie were engaged in erecting the banners/posters with the lead actor shown to have been smoking, the same would constitute an offence under Section 5 of the COTPA.
The producers and the distributors in the present case were engaged in movie business and were not engaged in the business of cigarettes or other tobacco products. This vital distinction between what has been stated in the provision and what comes out of the allegations made in the complaint makes all the difference.
"In the light of the above discussions, the continuation of the criminal proceedings as against the accused persons will amount to an abuse of process of court, and hence, it requires interference of this court," the judge added and quashed the proceedings.
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Cong govt ended ‘darkness’ in 11 months of rule in T’gana: CM Revanth Reddy rebuts PM Modi's remark
Hyderabad (PTI): During the last 11 months, the Congress government in Telangana has reversed an air of gloom and despair under the previous BRS regime and ended the "darkness", Chief Minister A Revanth Reddy said on Saturday.
He was responding to a post by Prime Minister Narendra Modi that under Congress rule developmental trajectory and fiscal health is turning from bad to worse in Himachal Pradesh, Karnataka and Telangana.
“I am happy to clarify several misconceptions and factual errors in your statements about my state and our government," Reddy said in his post.
Prime Minister Narendra Modi Friday in a series of posts said the Congress stands "badly exposed" in front of people for promising to them what the party knows it will never be able to deliver.
“Every promise made by us to people is a sacred commitment for us. In the last 11 months, we have reversed an air of gloom & despair under BRS, and ended the darkness. Like a morning sun, Telangana is now Rising,” Reddy said in the post addressed to Modi.
Within two days of taking charge, the Telangana government fulfilled its first and second promise - free bus travel for women across all government buses, and a healthcare and hospitalisation cover of 10 lakhs under Rajiv Aarogyasree, the CM pointed out.
Even before completion of first year of rule, the Congress government has implemented India's largest ever, state-level farmer loan waiver of Rs 18,000 crore covering over 22 lakh farmers, he said responding to PM’s comments that in Telangana, farmers are awaiting the (loan) waiver they were promised.
Women get free electricity, with no domestic power charge for their homes up to 200 units, Reddy noted.
The CM also claimed that his government has held the largest recruitment drive and is regularly holding exams of all levels and provided jobs to over 50,000 eligible youth, a record “unmatched by any BJP state government.”
The CM said the government is rejuvenating River Musi, which was allegedly neglected by the previous government and protecting lakes and other precious water bodies, encroached upon and destroyed wantonly with abandon in the last 10 years.
