New Delhi, Dec 12 (UNI) The Government of NCT told the Delhi High Court today that they will soon issue a notification authorising the officers of the Delhi police to take action under section 8 of the Drugs and Magic remedies (objectionable advertisements) Act 1954.
The Delhi Government informed the bench, comprising Chief Justice M K Sharma and justice Sanjive Khanna, that though the Drugs and Magic remedies (objectionable Advertisement) Act was enacted in 1954, no notification was issued till August 27, 2006, so no action to prohibit certain advertisements by unscrupulous elements could be taken.
The Court had earlier on February, 21,2007 directed the central government, Delhi Government, Information and Broadcasting Ministry, Health Ministry and all 'media' to enforce and implement the Act in letter and spirit.
The Court said the public has to be protected from tantriks and others with so-called magic powers and remedies, who often indulge in fraudulent practices. It also directed the media to adhere to the provisions and take care not to publish advertisements barred under the said Act.
The Ministry of Health and Welfare has also filed an affidavit in the Court mainting that they will ammend the provisions of section 3,4, and 5 of the Act, which deals with certain drugs for treatment of certain diseases and disordres; prohibition of misleading advertisements relating to drugs and prohibition of advertisements of magic remedies for treatment of certain diseases and disorders and inform the Delhi goverment soon.
Mr Gaurav Duggal, advocate for the Delhi Government and the Delhi police had informed the Court that the notification was issued earlier which was published in the Delhi Gazette on November 20, 2001 appointing Drugs Inspectors to work according to the provisions of the said Act but as the notification was issued by vesting powers of drug inspectors by name and not by designation or post, so it could not be implemented. No new notification was issued after their retirement or transfer.
The Court had on April 18, 2007 directed the Delhi Government to renotify the Act and implement it in letter and spirit.
A Public Interest litigation was filed by one Mr Hargobind Arora of Bajrang Dal (Religous and Cultrul organisation)to prohibit all media, print as well as electronic, from publishing or in any way broadcasting, propogating objectionable advertisements given by unscruplous elements claiming themselves to be magic healers like-tantriks, astrologers, and other prophecies.
The petitioner had also requested to take action against the activities of such advertisers and track down their activities to unearth the truth.
The police so far could not take any action against misleading advertisements as there was no proper notification or any guidelines to impliment the law.