Kerala HC Raps Lawyer For PIL Against Arundhati Roy's Book Cover: 'How Did You Miss Disclaimer On Smoking'

(MENAFN- Live Mint) The Kerala High Court on Thursday orally questioned an advocate for filing a PIL against author Arundhati Roy 's book Mother Mary Comes To Me, which features a cover image of the author smoking, without considering the disclaimer on smoking printed on the back cover, as reported by LiveLaw.

The Court was hearing the petition, which sought a stay on the book's sale in the absence of a statutory health warning.

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During the hearing, the division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji pointed out to the petitioner that he hadn't even presented the book before the court. In response, the petitioner explained that he had visited a bookstall and taken a photograph of the cover, LiveLaw reported.

New Delhi: This file photo shows the cover page of Booker Prize-winner Arundhati Roy's memoir, 'Mother Mary Comes To Me'. (PTI Photo)

As reported by LiveLaw, the court thereafter orally said,“It was not even shown to us...There is one more option that we indicated last time also. There is an authority. Do you want to go there? This is not correct. You should have at least dealt with that. Whatever statement is made on the book in the petition. You could have said that this not enough, we understand”.

The court then directed the petitioner's counsel to seek instructions on whether he intended to approach the appropriate authority under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), and accordingly passed over the matter.

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When the matter was taken up again, the Court asked the petitioner's counsel whether he intended to argue the case on merits or approach the appropriate authority under the law.

Meanwhile, Respondent No. 4, Penguin Random House India Pvt. Ltd., the publisher, submitted a photograph of the book's back cover in its counter affidavit, showing a disclaimer that read,“Any depiction of smoking in this book is for representational purposes only. Penguin Random House India does not promote or endorse tobacco use.”

Penguin also requested the Court to impose exemplary costs on the petitioner for filing a frivolous PIL, LiveLaw reported.

The bench then questioned the petitioner's counsel on why the existence of the disclaimer was not mentioned in the petition. In response, the counsel admitted that the petitioner had not gone through the entire book and had only seen the front cover.

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As reported by LiveLaw, the court in its order noted,“Learned counsel for respondent no. 4 takes serious objection that the PIL was filed without doing proper research, without even noticing disclaimer on the book by the publisher to the effect that the intention is to not promote publishing. To a query as to why this was not disclosed, the counsel for petitioner submits that the petitioner has not seen the entire book. Question arises as to the entertainability of such PIL. Further query whether petitioner would approach the authority under the statutory framework in the grievance, counsel for the petitioner states that petitioner intends to argue the matter on merits...The petitioner will also note that the respondent has sought for exemplary cost...”

Arundhati Roy's journey to writing Mother Mary Comes to Me began in September 2022, following the death of her mother, Mary Roy, from whom she had been estranged since the age of 18.

(With inputs from LiveLaw)

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