Patan High Court Halts Kathmandu Tobacco Ban Pending Verdict

Recently, the Patan High Court issued an interim order preventing the Kathmandu Metropolitan City from implementing its decision to prohibit the sale and distribution of certain tobacco products.

The order responded to a case filed by Shriram Tobacco Udyog challenging the metropolitan city's ban. A joint bench comprising Judges Janak Pandey and Brajesh Pyakurel granted the interim injunction, which will remain in effect pending a final verdict on the case.

Specifically, Kathmandu Metropolitan City had banned the sale and distribution of chewing tobacco, gutkha, paan parag, and loose cigarettes. The city had also prohibited smoking within 100 meters of public spaces, imposing a fine of Rs.100 for non-compliance.

The tobacco industries opposing the ban argued before the court that the government had already announced a new policy in its 2023/2024 fiscal budget to take effect from April 13, 2024. This policy aims to mandate biodegradable packaging for all tobacco products. As such, these industries had made additional investments to meet the upcoming packaging requirements.

In providing the injunction, the bench expressed concerns that imposing a blanket ban under the Public Health Act could potentially harm legal industries that contribute tax revenues. They highlighted worries that such a ban may adversely impact the industrial framework and cause irremediable damage.

The interim order will remain in place until the court reaches a final verdict on the matter.