Bhatt said that the government’s notification of Sep 27, 2011 was “illegal and arbitrary” and violated his fundamental rights.
A division bench of Justice Sanjay Kishan Kaul and Justice Rajiv Shakdher refused to stick the notification as sought by Bhatt and asked the federal government to respond by July 11.
Bhatt said: “I am deeply aggrieved by the 2011 amendments as they don't seem to be only violation of the liberty of speech and expression but in addition against the fitting to hold out profession, trade and business.”
“Rules made in exercise of the rule-making power conferred by a specific statute have necessarily to be inside the four corner of that statute. The foundations cannot make provisions beyond the circumference of the act,” the petition said.
Rules were null and void as they were with none jurisdiction and beyond the rule-making power of the central government, it said.
The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2011 had come into effect Nov 14, 2011.
“The said act and rules making power conferred thereunder don't have any application within the field of production and distribution of cinema and tv programme that is covered and governed by the Cinematography Act and rules framed thereunder,” said the petition. – IANS
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