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SC allows Centre to go ahead with smoking ban from Oct 2  

New Delhi, Monday 29 September 2008: The Supreme Court on Monday refused to stay the Central government’s notification to impose a ban on smoking in public places from October 2.

A Bench headed by Justice B N Agarwal, while refusing to stay the notification dated May 30, 2008, also transferred the four petitions, including one each filed by the ITC and the Indian Hotels Association, against it in the Delhi High Court.

We are of the view that it is not a fit case for grant of interim relief. The prayer staying implementation of prohibition of smoking in public places is rejected…let transfer cases be heard on November 18, the Bench said.

The court also clarified that no court in the country shall pass any order in derogation of this order.

The Centre’s plea seeking permission to implement a ban on smoking in public places from October 2 - birth anniversary of Mahatma Gandhi -was part of an application seeking transfer of all the petitions, challenging the ban on smoking in private offices, pending before various high courts.

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