Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)

Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)[1]

High Court Division
(Special Original Jurisdiction)
Mohammad Fazlul Karim and Md. Abdud Wahhab Miah, JJ
Writ Petition No. 1825 of 1999
with
Writ Petition No. 4521 of 1999
Professor Nurul Islam
............... Petitioners
in W. P. No. 1825/99

Mr. Alhaj Nur Mohammad and others
....... Petitioners
in both the Writ Petitioners
Date of Judgment : The 7th February, 2000
Result : Both the Rule absolute with directions

Judgment

Mohammad Fazlul Karim, J:

1. These two Rules were heard together since both the Rules relate to the same and similar subject matter and are disposed of by this single judgment.

2. In Writ Petition No. 1825 of 1999 Rule Nisi was issued calling upon the respondents to show cause as to why section 3 of the Tamakjato Shamogri Biponon Niontroner Jone Pronito Ain 1988 (ZvgvKRvZ mvgMÖx wecbb wbqš¿‡Yi Rb¨ cÖYxZ AvBb, 1988) should not be enforced properly and as to why the respondents should not be directed to enact law in the light of the Ordinance No. 16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.

3. In a application under Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner Professor Dr. Nurul Islam, President, ADHUNIK (Aamra Dhumpan Nibaron Kori) and a National Professor of Banglaesh has stated, Inter alia, that at the present moment all the tobacco related companies are advertising their products in different spheres of media such as newspapers, magazines, television, radio, billboards and various kinds of sponsorship of cultural and sports programme. Section 3(1) of Tamakjato Shamogri Biponon Niyontroner Jonno Pronito Ain provided for a statutory warning “smoking is dangerous for health would be printed on packed or canned tobacco based products sold in the market to the easily readable and understood Bengali on a prominent and distinct space of the said container or packer and similarly section 3(2) of the said Act states “No advertisement of tobacco based products shall be published, broadcast or displayed without having the said warning in easily readable and understood Bengali, engraved, written or printed on a prominent part of the advertisement.