Daijiworld Media Network - Goa (MB)

Panaji, Nov 16: Megastar Shah Rukh Khan on Thursday refuted the charges levelled against him for defying anti-smoking act during twenty20 cricket match and Hindustan Times summit.

National Organization for Tobacco Eradication (NOTE), a national anti-tobacco NGO, had issued a legal notice to the star for smoking in public. The notice was issued under The Cigarrettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

"Nothing contained in the notice should be deemed to constitute any waiver or admission by our client. We advise you to withdraw your notice forthwith. Any further action by your client shall be at his own cost and peril" a reply sent by Somasekhar Sundaresan and Karan Bharihoke, on behalf of the megastar, mentions.

The anti-tobacco NGO had objected to the superstar's alleged smoking in public during India-Australia twenty20 cricket match in Mumbai and HT Summit in Delhi. They had contended that he was setting a wrong example for the younger generation while defying the anti-smoking Act.

The lawyer for Shah Rukh has said that although the star was attending the Twenty20 match, he was at no point of time in any air-conditioned enclosure. "Our client watched the match from an open private gallery which was reserved by the Cricket Club of India for persons to be admitted by invitations only. Further, any telecast of the event was neither under my client's control or behest."

The notice mentions that Shah Rukh watched the match from an open space which is expressly excluded from the definition of a public place as per section 3 (1) of the act. "A space where the general public does not have any access and is therefore excluded from the the definition of a public place as per section 3 (1) of the act," the reply states.

The lawyers have pointed out that the high court of Bombay has been pleased to stay the effect of the amendments to the Cigarrette Rules, 2004 that sought to exclude stadiums from the scope of the phrase open spaces.

Shah Rukh's advocates have also said that with respect to telecast of the event, it was neither in the control or influence or behest of our client. "That being so, the element of intent to advertise or to promote is absent in the present case and the allegations in this regard are misplaced," it adds.