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Chennai: The Madras High Court issued notice to the Centre and the Tamil Nadu government on Monday on a PIL seeking prosecution of actor Vijay, the Sun Pictures and others over his new film's promotional poster showing him with a cigarette.
First bench of Chief Justice Indira Banerjee and Justice P T Asha posted to July 16 the PIL filed by the Tamil Nadu Peoples Forum for Tobacco Control (TNPFTC) after issuing notice. The litigation comes days after the state government directed Vijay, the producer and director of the film "Sarkar" to withdraw the promotional poster, released recently.
The petitioner, represented by S Cyril Alexander, submitted that the posters carried a picture of the actor smoking a cigarette. This was a violation under The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act 2003, he contended.
He also sought a direction to the Union Ministry of Information and Broadcasting to take appropriate action against them. It should constitute a Corpus Fund for the Welfare of the Cancer patients by imposing damages of Rs.10 crore each on the actor and others and utilise the funds for the government cancer hospital.
The petitioner sought initiation of prosecution against SUN Pictures, the producer of the film, and its parent company SUN NETWORK Private Limitedalong with Vijay and director Murugadoss under the act. He further submitted that in the promo stills released by SUN Pictures also the actor was shown smoking.
The publicity material did not contain the certification prescribed by the Tamil Nadu Compulsory Censorship of Publicity materials Act 1987, the petitioner said, adding the posters were in violation and liable for punishment under the act.
Alleging that the producer, director and the actor were jointly responsible for violating the act, the PIL sought a direction to the authorities concerned to initiate prosecution against them.
The controversial promotional poster released last month, has come in for condemnation by anti-tobacco NGOs and PMK.
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