Kochi: The Kerala High Court on Monday dismissed a Public Interest Litigation (PIL) filed against author Arundhati Roy's book 'Mother Mary Comes To Me' over its cover image showing the writer smoking. The petitioner had sought a stay on the sale of the book unless it carried a statutory warning label.
The PIL was filed by advocate Rajasimhan, who argued that the cover amounted to an "indirect advertisement" of tobacco products without the mandatory health warning.
A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji dismissed the petition. The court noted that Penguin Random House India had already included a disclaimer stating: "Any depiction of smoking in this book is for representational purposes only. Penguin Random House India does not promote or endorse tobacco use."
During an earlier hearing, the bench had directed the petitioner to approach the competent authority to verify if the cover violated Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), which prohibits tobacco advertising.
The court observed that the petitioner had failed to examine the legal position or verify the presence of the disclaimer before invoking the extraordinary jurisdiction of the High Court. "The petitioner, despite this, filed a PIL without examining relevant material. Public interest litigation cannot be used as a tool for self-publicity or personal motives. In light of these circumstances, the petition stands dismissed," the order said.
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