SANJAY KISHAN KAUL, J.

1. To cease smoking is the easiest thing I ever did, I ought to know because I have done it a thousand times, said Mark Twain. Smoking is a habit which has permeated ages its harmful effects well-known. It is a habit most difficult to give up but the consequences are so damaging not only to the person indulging in it but to other people in and around him that it has formed a part of a larger debate worldwide leading to passing of necessary legislations to discourage it. The strength to give it up, however, often comes from within rather than without in the form of any legislations.

2. The subject itself has bred controversies in different forms. The impact of smoking by way of representation in films and media has formed the basis of two erudite judgements of my brother Judges who have, however, agreed to disagree on a crucial aspect of it without there being any disagreement on the harmful effects of it. It is this disagreement which has resulted in the present reference.

3. It must be taken note of at the inception itself that the two judgements to the extent they agree really do not call for any further comments. There is no dispute about the authority of

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