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This Article is From Jun 11, 2020

Man Wanted Ban On Coca Cola, Thums Up, Supreme Court Fines Him Rs 5 Lakh

The top court said the petitioner's counsel failed to disclose "why two specific brands in particular are chosen to be the target of the proceedings."

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The petitioner had sought a ban on Coca Cola citing health concerns (Representational)

New Delhi:

A man who wanted the Supreme Court to ban the sale of aerated beverages Coca Cola and Thums Up has been fined Rs 5 lakh by the top court, which said the petitioner had filed the plea "without any technical knowledge on the subject".

The top court, rejecting petitioner Umedsinh P Chavda's plea, said his counsel has failed to disclose "why two specific brands in particular are chosen to be the target of the proceedings."

Mr Chavda had filed a Public Interest Litigation seeking a ban on Coca Cola and Thums Up citing health concerns.

The Supreme Court, while imposing the fine, said the petitioner abused the process of law and was unable to substantiate his assertions that Coca Cola and Thums Up are "detrimental to health".

A three-judge bench, comprising Justices DY Chandrachud, Hemant Gupta and Ajay Rastogi, said, "The petitioner claims to be a 'social worker'. The petition has been filed without the petitioner having any technical knowledge on the subject. The source of his assertions has not been substantiated."

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The top court, after hearing the counsel for petitioner, said, "We have come to the conclusion that invocation of the jurisdiction under Article 32 is not a bona fide recourse to the jurisdiction in public interest litigation. Consequently, besides dismissing the petition an order directing the imposition of exemplary costs is necessary."

The court directed Mr Chavda to deposit Rs 5 lakh with the top court Registry within a month and disburse the same to the Supreme Court Advocates on Record Association.

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