With the Allahabad and Madhya Pradesh high courts banning pan masala and related tobacco products, the Supreme Court today stayed the Allahabad High Court order on the appeals of manufacturers.
The petitions challenging the Allahabad High Court order and the subsequent Uttar Pradesh government notification banning pan masala and gutkha were moved by companies like Kothari Products, Dharampal Satyapal Ltd, P & J Aeromatics and K P Pan Flavour Ltd.
The Andhra Pradesh High Court had dismissed a petition seeking a ban on such goods and the petitioner moved the apex court, pressing his point.
The ban in Maharashtra continues without any major legal hitch. A apex court Bench comprising Justice G B Pattanaik and Justice Ruma Pal issued notices to the Uttar Pradesh government and others. The Bench will take up the case after a month.
The gutkha traders said the July 18 Allahabad High Court order came while dealing with a criminal case against a fake pan masala manufacturer.
The petitioners said they were not heard while passing the general order. The high court had, in fact, took upon itself the function of the legislature.
The power to ban goods belonged to the Centre and not to the states. Moreover, it was argued that millions of workers would lose their jobs.
Allahabad High Court had said:
