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Madras High Court quashes criminal proceedings against Dhanush and Aishwarya Rajinikanth in smoking banner case
The Madras High Court made a significant decision on Monday by dismissing the criminal proceedings against Tamil star Dhanush and Aishwarya Rajinikanth. The case, pending before a magistrate court in the city, accused the actors of displaying banners for the Tamil film Velaiyilla Pattadhari that prominently featured Dhanush smoking a cigarette.
Madras High Court quashes criminal proceedings against Dhanush and Aishwarya Rajinikanth in smoking banner case
Justice N Anand Venkatesh granted the petitions filed by Dhanush, Aishwarya, and three others, effectively overturning the charges against them. Originally, the proceedings were initiated against the actors based on a private complaint filed by S Cyril Alexander.
In his ruling, Justice Venkatesh noted that the sole allegation in the complaint was that the movie's advertisement banners displayed a picture of Dhanush smoking a cigarette. However, the judge stated that this act does not fall within the purview of Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act (COTPA). The judge clarified that the display was not done by individuals involved in the production, supply, or distribution of cigarettes or tobacco products.
The judge further emphasised that the person depicted smoking in the advertisement was not under any contract with the entity engaged in the production, supply, or distribution of tobacco products, nor was he promoting their products. As a result, the court determined that the facts of the case did not constitute an offence under the relevant provisions.
Justice Venkatesh highlighted the need for strict construction of penal statutes, as their consequences may affect the life or personal liberty guaranteed under Article 21 of the Constitution of India. The court emphasised that emotions and popular beliefs should not influence the interpretation of the law. The judge stated that the court must strictly construe the provisions and examine whether the facts of the case actually establish an offence.
The judge concluded that the producers and distributors of the film were engaged in the movie business, not the business of cigarettes or tobacco products. This distinction played a crucial role in the court's decision to quash the proceedings, as it highlighted the disparity between the provisions of the law and the allegations made in the complaint.
Based on these considerations, Justice Venkatesh found that the continuation of the criminal proceedings against the accused would amount to an abuse of the court's process. Consequently, the judge quashed the proceedings against Dhanush, Aishwarya, and the other accused individuals.
This ruling by the Madras High Court brings an end to the legal turmoil surrounding Dhanush and Aishwarya Rajinikanth in the smoking banner case, providing a favourable outcome for the actors.
Also Read: Dhanush visits Tirupathi; photos and videos of his ‘bald’ look go viral
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