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Kerala High Court Questions PIL Over Arundhati Roy Book Cover, Notes Publisher's Smoking Disclaimer

The publisher produced a back-cover note denying any endorsement of tobacco use, shifting the focus to procedure rather than merits.

Overview

  • The bench asked petitioner Rajasimhan why he filed the case without inspecting the back of the book or placing a copy before the court.
  • Penguin Random House India submitted an affidavit with a photo showing a disclaimer that any depiction of smoking is representational and not an endorsement.
  • The publisher sought exemplary costs, alleging the PIL lacked due diligence and omitted the disclaimer from its pleadings.
  • The judges suggested the petitioner consider approaching the authority designated under COTPA before seeking judicial intervention.
  • The matter, which seeks to prohibit sale, display and withdraw copies of ‘Mother Mary Comes To Me’, was adjourned to October 7.