The legal battle over tobacco advertising landed in Lahore High Court and the LHC panel upheld federal government’s ban on cigarette, tobacco and paan advertisements, ruling that public health takes precedence over commercial promotion and that advertising tobacco products is not a permanent constitutional right.
The court ruled that the promotion of tobacco-related products is not protected by any permanent constitutional right and declared the government’s restrictions legally valid.
Justice Raheel Kamran Sheikh announced the verdict in what turned out to be his final judgment before his resignation. The court dismissed a constitutional petition challenging the federal government’s notification restricting tobacco advertising.
LHC gave public health precedence over commercial promotion, observing that advertisements for cigarettes, tobacco and paan can have harmful consequences for society.
The bench noted that protecting public health and providing a healthy environment are among the state’s constitutional responsibilities. Against this backdrop, the court found no legal basis for treating tobacco advertising as an unrestricted constitutional entitlement.
The petitioner had argued that curbs on tobacco advertising could potentially encourage the illegal trade of such products. The court rejected the argument, finding that it did not provide sufficient grounds to strike down the government’s notification.
The bench turned down constitutional challenge concerning Council of Common Interests. The petitioner questioned the government’s decision to impose the restrictions without referring the matter to the CCI, but the court found no illegality in the notification on this count.
LHC acknowledged that citizens enjoy constitutional right to conduct business and engage in trade. However, it made clear that commercial rights are not absolute and can be subject to lawful restrictions, particularly when public health is at stake.
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