Patan High Court Halts KTM Metro’s Smoking Ban

The Patan High Court has recently issued an interim order putting a halt to Kathmandu Metropolitan City’s (KMC) decision to ban the sale and distribution of tobacco products within its jurisdiction. This decision came following a case filed by Shree Ram Tobacco Udhyog, prompting the court to instruct that KMC’s ban, which included fines for smoking within 100 meters of public places, be suspended until the final verdict of the case is reached.

The lawsuit argued that the government’s plans, announced in the fiscal year 2023/24 budget, include policy reforms for biodegradable organic product packaging from April 13, 2024. The industry claimed to have made investments and preparations in line with this policy.

The court’s bench of Judges Janak Pandey and Brajesh Pyakurel highlighted concerns regarding the potential adverse effects of a complete ban on industries that operate responsibly, pay taxes, and contribute significantly to revenue generation. They emphasized the possible irreparable damage that such a ban could cause to the industrial system.

This interim order comes in the wake of KMC’s decision to ban tobacco products packed in plastics, in accordance with Section 42 of the Public Health Act, under Mayor Balendra Shah’s directive. Despite previous announcements for similar bans, there remains skepticism about the effective implementation of these decisions.