VIVEK SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Public Interest Litigation has been filed seeking appropriate directions from the Court for stopping surrogate advertisements in so far as different liquor products are concerned. According to the petitioner, under the provisions of the Cable T4-vision Networks Rules, 1994 a direct advertisement of cigarettes, tobacco products, wine, alcohol, etc. is prohibited and a product that has the same brand name used by cigarettes, tobacco products, wine, alcohol, etc. can be advertised subject to the conditions prescribed by the Rules.

(2.) In the instant case, according to the petitioner, by the advertisement which has been brought on record, there has been infringement of the aforesaid provisions of the rules leading to contravention of the provisions of the Cable Television Networks (Regulation) Act, 1995. Hence the Public Interest Litigation seeking appropriate directions from the Court.

(3.) The provisions of the Act properly read, particularly Sections 16 and 18, would go to show that for any contravention thereof different punishments have been prescribed which can be imposed by a court of law which is empowered to take cognizance of the offence alleged on a complaint in writing made by an authorised officer.