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Kerala High Court Dismisses PIL Challenging Arundhati Roy Book Cover

The bench said alleged COTPA violations must be taken to the Act’s expert Steering Committee rather than pursued through a PIL.

Overview

  • A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji dismissed the petition on October 13.
  • The judges held that any dispute over Section 5 of COTPA should be decided by the Steering Committee after hearing all parties.
  • The court noted Penguin Random House India had included a smoking disclaimer on the back cover, which the petitioner had not verified.
  • It cautioned against using public interest litigation for self‑publicity or personal slander and declined to halt sales of the book.
  • Counsel were directed to statutory remedies, including the Steering Committee and the National Tobacco Control Programme portal, with a detailed order awaited.