Kochi: In the matter of a PIL against the cover image on the book by renowned activist and writer Arundhati Roy, which shows a picture of her smoking a cigarette, the Kerala High Court rapped the petitioner, noting that the publisher had included a disclaimer on the back cover of the book.
The court of Chief Justice Nitin Jamadar and Justice Basant Balaji said that the petitioner failed to disclose in the PIL that the publisher had included the disclaimer on the book.
The court asked the petitioner, named Rajasimhan, a lawyer, "What is this, counsel? You should file a petition disclosing that at least such a disclaimer is there. When you file a PIL, how can you say you have not seen the book? What kind of PIL is this? We may impose exemplary costs," The Free Press Journal quoted.
The book in question is 'Mother Mary Come to Me' by the Booker prize winner Arundhati Roy.
Opposing his plea, the publisher Penguin Random House said, in its affidavit, that there is a disclaimer -- Any depiction of smoking in this book is for representational purposes only. Penguin Random House India does not promote or endorse tobacco use -- on the book's back cover.
"It appears that the petitioner either conveniently suppressed this fact in the writ petition, or the petitioner has not conducted even the bare minimum due diligence expected of a public interest litigant and is, therefore, unaware of this fact," the publisher has contended.
It has also been said that "any suggestion that the book's cover glorifies smoking is outrightly incorrect, in the light of the specific disclaimer".
Rajasimhan, in his plea, has contended that the cover page image sends out a "damaging message" to society, especially to girls and women, by "glorifying" the act of smoking.
He has also contended in the plea that the image is also in violation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), 2003.