Ramakrishna Pillai, J

1. The petitioner, an organisation registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1995 and affiliated to the Voluntary Health Association of India, New Delhi, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking positive directions for the implementation of the statutory stipulations in the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, hereinafter called as 'COTPA' and its allied Rules, which were enacted in public interest to protect public health as well as to prohibit consumption of Cigarette and other Tobacco products which are injurious to health.

2. The petitioner alleges that the negligence and callous attitude of the law enforcing agencies have in effect flouted the provisions of COTPA and its allied Rules and the same is dereliction of duty cast upon them under Article 47 of the Constitution of India. The petitioner association claims to have undertaken the mission of striving towards the goal of taking measures to protect health of the people of the State by propagating the menace of use of Tobacco.

3. The specific case of the petitioner is that though the Parliament has enacted COTPA in public interest in the year 2003, with a view to achieve improvement of public health as enjoined by Article 47 of the Constitution of India and as a result of the same direct advertisements of Cigarettes and other Tobacco products to a large extent were controlled or rather restricted, the tobacco companies are resorting to other measures for taking their products to the general public in a more effective and efficient manner than through direct advertisements. It is alleged that the said companies are now resorting to films, tele-serials and other visual media for indirect advertisements and marketing their products by depiction of their products through popular artists having huge fan followers in the State and the Country, thereby indirectly violating the provisions of COTPA and its allied Rules.

4. It is further alleged that the Central Board of Film Certification, the 4th respondent herein, who is duty bound to certify films as per the principles stipulated under Sections 5A and 5B of the Cinematograph Act, 1952 has miserably failed in exercising its statutory duties. According to the petitioner, the indirect advertisement through films and other visual media resorted to by the national and multinational cigarette and tobacco companies are having great impact in the society. Consequently adolescents and the children viewing their favorite heroes on screen indulging in smoking will be tempted to pick up the habit of smoking believing it to be a style or fashion, is the apprehension of the petitioner.

5. The further case of the petitioner is that though Rule 4 of the COTPA Rules, 2004, specifically provides that the display of usage of tobacco products in movies and television programmes shall be subject to the safeguards prescribed therein and Rule 5 of the said Rules mandates the safeguards to be adopted by a person selling cigarette or other tobacco products so as to ensure that no such product is sold to a person below the age of 18 years, the illegal activity of sale of cigarette and other tobacco products are being carried out in blatant violation of the provisions therein, thereby posing a threat to the rule of law. It is also pointed out that the unbridled sale of cigarette and other tobacco products are being carried out in closer proximity to the educational institutions, in spite of the enactment of Prohibition on Sale of Cigarettes and Other Tobacco Products around Education Institutions Rules, 2004. Hence, according to the petitioner association, no other efficacious remedy is open to them, but to invoke the extraordinary jurisdiction of this Court to ensure the implementation