No- Smoking In Office Premises

The government has promulgated a law banning smoking in public places including private offices that would include Advocate’s office, Chartered Accountant’s office, Doctor’s clinic, Architect’s office and private company offices having public access.

A bench headed by Justice B N Agrawal said, “It is not a fit case for granting interim relief” and fixed November 18 for hearing the petition of ITC Ltd and Indian Hotels Association for arguments on whether the ban could be imposed in private offices with access to public or not. Advocate Harish Salve appearing for ITC Ltd argued that with the implementation of the new circular, a government official would have the authority to enter the private office to impose a fine on the head of the office for an offence committed by a public. He said it would be an infringement of fundamental right of a private person and would lead to harassment of individuals in his own premises. “This amounts to giving police power to private person to detain smokers. Under the law even a peon can detain the head of office and produce him before the Magistrate,” the petition said.

Government advocate Gopal Subramanium said “Not only the applicant (the Central Government) but the general public would suffer immensely, and irreparable loss and injury would be caused in case the notification dated May 30, 2008 is not implemented.”

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