Image showing Arundhati Roy smoking doesn't violate any law, says SC; dismisses PIL

The Supreme Court on Friday refused to entertain a plea challenging the Kerala High Court's order dismissing a PIL against Arundhati Roy's memoir 'Mother Mary Comes To Me', in which she is shown smoking a bidi on the book cover.

The bench of CJI Surya Kant and Justice Joymalya Bagchi heard the matter, Live Law reported.

The High Court, while dismissing a lawyer's plea, observed that the publisher had already included a disclaimer on the back cover stating that the cover image was not an endorsement of tobacco use.

The petitioner claimed that the photograph does not accompany the statutory anti-tobacco warning and that it's not certain whether the bidi contains ganja.

The CJI, seemingly disinclined to accept the argument, pointed out that Roy is an eminent author and her literature also does not seem to promote smoking. He questioned whether the plea was filed to seek publicity by the petitioner.

The CJI added that the book cover is not being advertised on large hoardings across the city. CJI Surya Kant said that someone who is an avid reader of good literature would not buy the book only because of the photograph, but because of the author's credibility and the book's contents.

"The book does not constitute any violation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2013. We see no reason to interfere in the present plea," the apex court ordered while dismissing the petition.