Kathmandu, December 15
The Patan High Court has issued an interim order preventing the implementation of Kathmandu Metropolitan City’s decision to ban the sale and distribution of specific tobacco products.
Shriram Tobacco Udyog challenged the city’s decision by filing a case at the Patan High Court, leading to a joint bench of Judges Janak Pandey and Brajesh Pyakurel issuing the interim order. This order will remain in effect until a final verdict is reached in the case.
Kathmandu Metropolitan City had imposed a ban on the sale and distribution of tobacco products such as chewing tobacco, gutkha, and paan parag. Additionally, the city prohibited the sale of loose cigarettes and smoking within 100 meters of public places, imposing a fine of Rs 100 for non-compliance with the directive.
The industries opposing the ban argued in court that the government had announced a policy reform in the fiscal year 2023/24 budget, scheduled to take effect from April 13, 2024. This reform aims to establish a system for the packaging of tobacco products in biodegradable packets. As a result, these industries made additional investments and preparations to comply with the upcoming packaging requirements.
The bench expressed the opinion that the metropolitan’s decision to impose a complete ban based on the Public Health Act could potentially harm industries operating within the legal framework, contributing taxes and revenue. The bench highlighted concerns that such a ban might have adverse effects on the industrial system and cause irreparable damage.
