Rajiv Shakdher, J.

CM 10784/2012 (stay)

1. The captioned writ petition is directed against the letter dated 02.08.2012 issued by respondent no.1.

2. In the interlocutory application, prayers have been made for: grant of ex parte stay of the impugned letter dated 02.08.2012; issuance of a direction to respondent no.3 to consider grant of certification to the film "Heroine" in terms of the provisions of the law which obtained prior to the coming into force of the notification dated 27.10.2011 read along with minutes of meeting (in short MOM) dated 29.11.2011.

3. Notice in the writ petition and the application was issued by me on 27.08.2012 when, on behalf of respondent nos.1 to 3 notice was accepted by Mr. Jatan Singh, Advocate. Due to the urgency in the matter, respondents were granted five days to file a reply, while the petitioner was directed to file a rejoinder, if any, before the next date of hearing. In the meanwhile, the learned Additional Solicitor General (ASG) was asked to take instructions as to whether or not the respondents continue to abide by the MOM dated 29.11.2011. Direction was also issued to respondent no.3 to proceed with the certification of the film in issue by taking into account the following two scenarios :- (a). where provisions of clause (ii) of the impugned letter dated 02.08.2012 is enforced; and (b). where the aforementioned provision, i.e., clause (ii) of the letter dated 02.08.2012 is disregarded. 3.1 The matter was made returnable today.

4. Briefly, the broad background facts, based on which, the writ petitioner has approached this court, are as follows :-

4.1 On 18.05.2003, the Parliament enacted the Cigarettes and other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (in short, COPTA Act). The respondent nos.1 and 2 vide notification bearing no. G.S.R. 137 dated 25.02.2004 brought into force certain provisions of COPTA, including section 5, pertaining to ban on advertisements related to cigarettes and other tobacco products. The notification was to come in force w.e.f. 01.05.2004. The rules framed under the COPTA Act known as Cigarettes and other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004 (2004 Rules), were also brought in force w.e.f. 01.05.2004 vide notification of even date 25.02.2004.

4.2 It appears that the 2004 Rules were challenged in April, 2005 in the High Court of Madras, by one, M/s Kasturi and Sons in WP(C) 12344/2005. The said writ petition was transferred to this court by the Supreme Court and consequently, re-registered as WP (C)7411/2006.

4.3 On 31.05.2005, 2004 Rules were amended. The amended Rules of 2005, inter alia amended Rule 4 of 2004, inasmuch as, it provided for a complete ban on the display of tobacco products and their use in cinema and television programmes.

4.4 The aforesaid resulted in, M/s Kasturi and Sons, once again, approaching the Madras High Court, in July, 2005, to lay challenge to the 2005 amendment of the Rules. As on the previous occasion, this writ petition was also transferred to this court, by the Supreme Court, and was re-registered as WP(C) 7410/2006.

4.5 One, Sh. Mahesh Bhatt, challenged the notification dated 31.05.2005 which, brought about the 2005 amendment to the Rules by filing a writ petition in this court. The said writ petition was filed on 27.09.2005 and is numbered as WP(C) 18761/2005. The challenge made was directed at insertion of Rule 4 (6) which completely banned the depiction of use of tobacco in cinema and television programmes.

4.6 On 30.11.2005, the Central Government brought out yet another notification being GSR 698(E). By this notification, which was a second amendment of the rules originally framed, sought to replace Rule 4(6) while seeking to introduce sub rule (6A) and (6B). The notification of 30.11.2005, was also challenged by the said Sh. Mahesh Bhatt,