Overview
- A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed the Special Leave Petition, leaving the Kerala High Court’s October 13 order undisturbed.
- The court held that the cover image does not amount to advertising or promoting tobacco under Section 5 of COTPA.
- Judges noted the publisher’s back-cover disclaimer disavowing any endorsement of smoking, while clarifying it is not a statutory warning.
- The bench questioned the petition’s motive as publicity-driven and pointed out there were no public hoardings using the image.
- The petitioner had sought to prohibit sale, circulation, and display of the book and to withdraw copies, but the courts indicated regulatory grievances lie with statutory authorities.