NEW DELHI: The Supreme Court on Friday dismissed a plea seeking to prohibit the sale, circulation, and display of Arundhati Roy’s book, 'Mother Mary Comes to Me', as its cover depicted her smoking a 'bidi' or a cigarette, which is in contravention of the law.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed the appeal filed by one Rajasimhan against the Kerala High Court order dismissing a PIL on the issue.
"She is a renowned author. She has not promoted such a thing. There is a warning in the book, and she is a prominent person as well. Why do such a thing for publicity? There is no hoarding in the city with the picture of the book. It is for someone who will take the book and read it. Her picture with it does not portray any such thing," the CJI said.
The bench said that the author and the publisher Penguin Hamish Hamilton have not violated Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
This provision prohibits the advertisement, promotion, and sponsorship of cigarettes and other tobacco products, "banning direct ads, surrogate ads, promoting through media, displays, leaflets, and any activity suggesting tobacco use, with strict penalties."
It, however, allows health warnings on packages and some specific retail point displays.
"We see no reason to interfere with the impugned High Court order," the CJI said.
The counsel for the petitioner said, "We don't know it's a 'ganja beedi' or a 'normal beedi'. She is herself shown smoking it."
He added that the book has a very small disclaimer and does not contain a prominent warning as provided under the law.
"Book, publisher or author has nothing to do with advertising for cigarettes etc. This is not an advertisement. You may disagree with the views of the author... but that does not mean such a case can lie," the CJI said.
The book is a memoir authored by Roy.