ADITYA KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, filed by a practising lawyer under Article 226 of the Constitution of India in public interest, seeks a direction to the Union of India as well as the State Government to stop publication and broadcasting of advertisement of a beverage "Rooh-Afza", which is a product of M/s. Hamdard Laboratories (India), New Delhi-respondent no.5.

(2.) The primary objection of the petitioner to the advertisement in question is occurrence of the phrase "ykyp ,d cqjh dyk gSA". The word "cqjh" in the said phrase has been depicted to have been scored off. The said advertisement has been published in various newspapers and is various other media, such as, on-line electronic media, facebook, picture halls, posters, banners and hoardings.

(3.) Submission of learned counsel appearing for the petitioner is that occurrence of the alleged offensive phrase in the advertisement is against the Indian culture and is adversely affecting young children and youth. It has been stated in the writ petition that after watching the advertisement, a legal notice was sent by the petitioner to the respondent no.5 stating therein that the young children are innocent and it is the collective responsibility of the society to provide a conducive atmosphere for their development, however, the advertisement in question is giving a wrong message to the younger generation. The petitioner has further stated that the said notice was replied by the respondent no.5 through his Advocate wherein it has been informed to the petitioner that the advertisement has been used only to promote the product and the same does not in any manner hurt either religious or social value system.