SC junks petition seeking ban on sale of Arundhati Roy's book with her smoking pic on cover

Terming it a publicity litigation, the Supreme Court on Friday dismissed a petition seeking a ban on the sale, circulation and display of Arundhati Roy’s book, 'Mother Mary Comes to Me' that depicted her smoking a bidi/cigarette on its cover, in contravention of the law.

“This is not an advertisement. You may disagree with the views of the author but that does not mean such a case can lie," a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, dismissing Rajasimhan’s appeal against the Kerala High court order rejecting his PIL. It cautioned him against filing such petitions just for publicity.

The Bench noted that her literary work did not constitute any violation of Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003’ (COTPA).

"She is a renowned author. She has not promoted such a thing. There is a warning in the book, and she is a prominent person as well. Why do such a thing for publicity? There is no hoarding in the city with the picture of the book. It is for someone who will take the book and read it. Her picture with it does not portray any such thing. Book, publisher or author has nothing to do with advertising for cigarettes etc" the CJI said.

The petitioner – who challenged the high court’s October 13 order dismissing the plea -- contended that the cover photo amounted to a violation of Section 5 of 2003 Act which regulates advertisements of tobacco products.

However, the Bench noted that Roy did not promote smoking and the readership of her book was restricted to those who would buy and read it.