NEWSLINKS US EDITION SOUTH ASIA COLUMNISTS DIARY SPECIALS INTERVIEWS CAPITAL BUZZ REDIFF POLL DEAR REDIFF THE STATES ELECTIONS ARCHIVES SEARCH REDIFF
In a major relief to the gutkha manufacturing industry, the Supreme Court on Monday stayed a controversial order of the Allahabad high court which had banned the sale and manufacture of pan masala and gutkha in Uttar Pradesh terming the product as carcinogenic.
A bench comprising Justice G B Pattanaik and Justice Ruma Pal, while issuing notice to the Uttar Pradesh government, stayed the July 18 order of the high court banning 'all manufacturing and sale of pan masala and gutkha'.
Among the petitioners were the largest pan masala manufacturing group Kothari Products Ltd, Dharampal Satyapal Ltd and K P Pan Flavour Pvt Ltd.
The petitioners contended that the matter arose before the high court from a case registered against one company for allegedly manufacturing fake pan masala and the subsequent arrest warrant issued against them by the trial court.
The high court, while hearing a petition challenging the arrest warrant, had said, "Pan masala and gutkha have been clearly established by scientific tests to be hazardous to the life of the people who consume as they are carcinogenic. The incidence of mouth cancer is very high in the areas where pan masala and gutkha are consumed."
The division bench of the high court had said, "In our opinion the manufacturers and sellers of pan masala and gutkha are merchants of death. The activity of manufacturing and sale of gutkha (by whatever name called and with whatever label) is clearly increasing the number of deaths by cancer in this country and has to be stopped immediately through the state of Uttar Pradesh."
The high court had said, "In our opinion such activities are violative of Article 21 of the Constitution."
Referring to the ban imposed on these products by the Maharashtra government through a notification, the high court had directed the Uttar Pradesh government to issue a similar notification. They had also directed the state police to ensure that manufacture of pan masala and gutkha are no longer permitted in the state.
The petitioners said that the high court order amounted to issue a writ to the assembly to legislate, which was not the jurisdiction of the court. They further said that the order was passed ex-parte as none of the manufacturers were heard by the high court.
Tell us what you think of this report
