LHC judge Raheel Kamran issues final ruling before resignation

Lahore High Court Justice Raheel Kamran Sheikh has issued his final judgment before stepping down from office, ruling that advertisements promoting cigarettes, tobacco and paan are unlawful.

The judge delivered the verdict on a petition filed by the All Pakistan Central Union Paan Cigarette, challenging the government’s notification imposing restrictions on the advertisement of tobacco products.

The Lahore High Court upheld the federal government’s notification and dismissed the petition.

In the judgment, the court observed that the government had argued that advertising tobacco, cigarettes and paan could produce harmful consequences for society. Protecting public health and ensuring a healthy environment, the court noted, are constitutional responsibilities.

The judgment further stated that there is no absolute constitutional right to advertise tobacco products. The court also rejected the argument that restrictions on tobacco advertising would lead to an increase in illegal trade.

The court dismissed an objection that the government should have approached the Council of Common Interests before issuing the notification. It held that no illegality had been found in the government’s notification.

The judgment acknowledged that every citizen has a constitutional right to conduct business and trade. However, such rights remain subject to lawful regulations introduced in the public interest.

According to the ruling, the government issued the notification under the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002.

The judgment also referred to a decision by the Ministry of National Health Services in 2010 to prohibit advertisements for tobacco and cigarettes.

The petitioners had argued that the government’s notification was unlawful and that the 2002 ordinance required a relevant committee to decide matters concerning tobacco products.

The government, however, maintained that the committee dealing with tobacco advertising had issued the notification imposing the restrictions.

Justice Raheel Kamran Sheikh’s ruling came shortly before his resignation from the Lahore High Court, making it his final judgment before leaving office.